ISCR Case 21-00867

Case Headnote

ISCR Case No. 21-00867

deniedJan 27, 2022· Hon. John Bayard Glendon· hearing

Summary

A 43-year-old mechanic was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline I (Psychological Conditions). The judge found that the applicant's long-standing issues with alcohol and mental health challenges raised significant doubts about his reliability and trustworthiness, and he failed to demonstrate effective mitigation.

The applicant's history of alcohol consumption began in 1996, escalating to binge drinking by age 19 or 20. He had three confirmed DUI arrests: in November 2002 with a .15% BAC, in November 2008 with a .24% BAC, and in October 2014. Following his first DUI, he was sentenced to an alcohol education class and six months of AA meetings. After his second DUI, he served four days in jail and five years on probation. A February 2015 DUI arrest was alleged but disputed by the applicant. Despite a diagnosis of alcohol use disorder in November 2020, he reported reducing his drinking to weekends, with his attorney stating a commitment to sobriety in July 2021.

Regarding psychological conditions, the applicant received mental health treatment from June 2009 to March 2010 for anxiety and stress, including an involuntary hospitalization in August 2010 for anxiety and hallucinations, during which he self-medicated with alcohol. He sought treatment again from July to October 2014 for social anxiety, and underwent inpatient treatment from March to April 2018 for alcohol detoxification and hallucinations. A November 2020 psychological evaluation diagnosed him with social anxiety disorder and mild/moderate alcohol use disorder. The denial was based on his admitted excessive alcohol consumption, multiple DUI arrests, and unmitigated psychological conditions, including a lack of evidence for a consistent treatment plan or favorable prognosis.

Why the Applicant Was Denied

The applicant admitted to a history of excessive alcohol consumption and multiple DUI arrests.
The applicant's psychological conditions, including social anxiety and alcohol use disorder, were not effectively mitigated.
The applicant did not provide evidence of a consistent treatment plan or favorable prognosis from a qualified mental health professional.

Conditions Referenced

Disqualifying

AG ¶ 28(a)appliedBehavior That Casts Doubt on an Individual's Judgment, Stability, Reliability, or Trustworthiness
AG ¶ 28(b)appliedAn Opinion by a Duly Qualified Mental Health Professional That the Individual Has a Condition That May Impair Judgment, Stability, Reliability, or Trustworthiness
AG ¶ 28(c)appliedVoluntary or Involuntary Inpatient Hospitalization
AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
AG ¶ 22(d)appliedDiagnosis by a Duly Qualified Medical or Mental Health Professional of Alcohol Use Disorder

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedMay 27, 2021
Answer filedJul 30, 2021
Hearing heldOct 18, 2021
Decision dateJan 27, 2022

Cite For

Denial of Clearance Due to Psychological Conditions Under Guideline I
Denial of Clearance Due to Alcohol Consumption Under Guideline G
Failure to Mitigate Security Concerns Related to Mental Health and Substance Abuse Issues

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Consumed alcohol, at times in excess and to the point of intoxication, from 1996 to at least November 2020 – Applicant began drinking alcohol on the day of his graduation from high school in 1996. He drank excessively and blacked out. After he enlisted in the Navy, he started binge drinking following his initial training when he was 19 or 20 years old.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	November 2002 arrested for DUI – Applicant’s first of three arrests for DUI occurred in November 2002. His BAC was .15%. He was convicted and sentenced to attend an alcohol education class and six months of Alcoholics Anonymous (AA) meetings.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.c	November 2008 arrested for DUI – After the completion of his probation, Applicant was arrested again for DUI. His BAC was .24%. He was again convicted. The court sentenced Applicant to serve four days in jail and five years on probation.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.d	October 2014 arrested for DUI – Prior to his third DUI arrest, Applicant was drinking alone at his residence when his girlfriend arrived. He was drinking alcohol to relieve stress and anxiety. He had completed his probation from his second arrest.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.e	February 2015 arrested for DUI – The FBI report for Applicant in the record lists a DUI arrest of Applicant on February 13, 2015. Applicant testified that this information is incorrect and that he was not arrested for DUI a fourth time.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
2.f	Subparagraph 1.e, above, cross-alleged under Guideline G – As noted, the psychologist’s diagnosis of Applicant included alcohol use disorder, mild/moderate. In his Answer, Applicant’s attorney wrote that Applicant does not dispute his diagnosis and recognizes that the consumption of alcohol places his judgment and reliability at risk.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.g	Continued drinking of alcohol, notwithstanding treatment for a condition diagnosed as alcohol use disorder, as set forth in subparagraph 1.d, above – In his July 2021 Answer, Applicant’s attorney wrote that Applicant is committed to a life of sobriety. Applicant had advised the psychologist in November 2020 that he had reduced his drinking to weekends.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Consumed alcohol, at times in excess and to the point of intoxication, from 1996 to at least November 2020 – Applicant began drinking alcohol on the day of his graduation from high school in 1996. He drank excessively and blacked out. After he enlisted in the Navy, he started binge drinking following his initial training when he was 19 or 20 years old.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

November 2002 arrested for DUI – Applicant’s first of three arrests for DUI occurred in November 2002. His BAC was .15%. He was convicted and sentenced to attend an alcohol education class and six months of Alcoholics Anonymous (AA) meetings.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.c

November 2008 arrested for DUI – After the completion of his probation, Applicant was arrested again for DUI. His BAC was .24%. He was again convicted. The court sentenced Applicant to serve four days in jail and five years on probation.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.d

October 2014 arrested for DUI – Prior to his third DUI arrest, Applicant was drinking alone at his residence when his girlfriend arrived. He was drinking alcohol to relieve stress and anxiety. He had completed his probation from his second arrest.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.e

February 2015 arrested for DUI – The FBI report for Applicant in the record lists a DUI arrest of Applicant on February 13, 2015. Applicant testified that this information is incorrect and that he was not arrested for DUI a fourth time.

For Applicant

Unspecified Alcohol Incident

Denied

—

2.f

Subparagraph 1.e, above, cross-alleged under Guideline G – As noted, the psychologist’s diagnosis of Applicant included alcohol use disorder, mild/moderate. In his Answer, Applicant’s attorney wrote that Applicant does not dispute his diagnosis and recognizes that the consumption of alcohol places his judgment and reliability at risk.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.g

Continued drinking of alcohol, notwithstanding treatment for a condition diagnosed as alcohol use disorder, as set forth in subparagraph 1.d, above – In his July 2021 Answer, Applicant’s attorney wrote that Applicant is committed to a life of sobriety. Applicant had advised the psychologist in November 2020 that he had reduced his drinking to weekends.

Against Applicant

Continued Use After Treatment

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	Mental health treatment from June 2009 to about March 2010 – By mid-2009, Applicant’s anxiety was out of control. He was drinking alcohol heavily at the time. He experienced additional stress due to an arrest for driving under the influence of alcohol (DUI) in November 2008. His relationship with his girlfriend was also causing him stress. From June 2009 to June 2010, he received outpatient mental	Against Applicant	PTSD or Anxiety Diagnosed	Unknown	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.b	Involuntary mental health treatment beginning in August 2010, following an episode of anxiety and hallucinations – A couple of months later, Applicant was involuntarily hospitalized following an episode of anxiety and hallucinations. He reported hearing many voices saying they will kill him. He was using alcohol excessively at the time to self-medicate. Applicant was hospitalized after he searched	Against Applicant	Psychotic Disorder Diagnosed	Unknown	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.c	Mental health treatment from about July 2014 to October 2014 for a condition diagnosed as social anxiety – Applicant continued without counseling or medication until July 2014. He does not recall why he sought mental health treatment at that time. He testified that he might have been having difficulties with co-workers. He also admitted that he had started drinking alcohol in early 2014. He decide	Against Applicant	PTSD or Anxiety Diagnosed	Unknown	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.d	Inpatient mental health treatment from March 2018 to April 2018 for alcohol detoxification and treatment for hallucinations – From October 2014 to March 2018, Applicant received no mental-health treatment, although he participated in an 18-month court-ordered alcohol program as a result of his October 2014 DUI. For a period prior to March 2018, he resumed using alcohol to self-medicate. He was und	Against Applicant	Psychiatric Hospitalization	Unknown	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.e	November 2020 mental health evaluation by a licensed psychologist with a diagnosis of social anxiety disorder and alcohol use disorder, mild/moderate – The CAF requested Applicant submit to a psychological evaluation in connection with his application for a security clearance. The evaluation by a licensed psychologist took place in November 2020. The psychologist diagnosed Applicant with social an	Against Applicant	PTSD or Anxiety Diagnosed	Unknown	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

Mental health treatment from June 2009 to about March 2010 – By mid-2009, Applicant’s anxiety was out of control. He was drinking alcohol heavily at the time. He experienced additional stress due to an arrest for driving under the influence of alcohol (DUI) in November 2008. His relationship with his girlfriend was also causing him stress. From June 2009 to June 2010, he received outpatient mental

Against Applicant

PTSD or Anxiety Diagnosed

Unknown

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.b

Involuntary mental health treatment beginning in August 2010, following an episode of anxiety and hallucinations – A couple of months later, Applicant was involuntarily hospitalized following an episode of anxiety and hallucinations. He reported hearing many voices saying they will kill him. He was using alcohol excessively at the time to self-medicate. Applicant was hospitalized after he searched

Against Applicant

Psychotic Disorder Diagnosed

Unknown

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.c

Mental health treatment from about July 2014 to October 2014 for a condition diagnosed as social anxiety – Applicant continued without counseling or medication until July 2014. He does not recall why he sought mental health treatment at that time. He testified that he might have been having difficulties with co-workers. He also admitted that he had started drinking alcohol in early 2014. He decide

Against Applicant

PTSD or Anxiety Diagnosed

Unknown

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.d

Inpatient mental health treatment from March 2018 to April 2018 for alcohol detoxification and treatment for hallucinations – From October 2014 to March 2018, Applicant received no mental-health treatment, although he participated in an 18-month court-ordered alcohol program as a result of his October 2014 DUI. For a period prior to March 2018, he resumed using alcohol to self-medicate. He was und

Against Applicant

Psychiatric Hospitalization

Unknown

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.e

November 2020 mental health evaluation by a licensed psychologist with a diagnosis of social anxiety disorder and alcohol use disorder, mild/moderate – The CAF requested Applicant submit to a psychological evaluation in connection with his application for a security clearance. The evaluation by a licensed psychologist took place in November 2020. The psychologist diagnosed Applicant with social an

Against Applicant

PTSD or Anxiety Diagnosed

Unknown

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION