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ISCR Case 22-00716 — CASE

Case record

ISCR Case 22-00716

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date9/18/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Mark W. Harvey
Government Counsel: Nicholas T. Temple
Case Summary
The applicant in this case was a 44-year-old information technology specialist who sought a security clearance. The adjudicative guidelines at issue included Guidelines G (alcohol consumption), I (psychological conditions), and E (personal conduct). The Statement of Reasons (SOR) outlined concerns regarding the applicant's history of alcohol use disorder, mental health issues, and failure to disclose relevant information on his security clearance application.
The applicant admitted to some allegations in the SOR, including a diagnosis of Alcohol Use Disorder and a history of alcohol consumption that included significant quantities of vodka. He denied attempting suicide in 2017, despite being hospitalized after consuming a large number of Xanax tablets and vodka. The applicant acknowledged a pattern of alcohol abuse and treatment recommendations from various healthcare professionals but claimed he did not believe his alcohol use was problematic at the time of his application. He also admitted to failing to disclose his mental health and alcohol treatment history on his security clearance application, stating he did not consider it significant.
The administrative judge ruled against the applicant, concluding that the security concerns were not mitigated. The judge noted the applicant's long history of alcohol abuse, the psychological evaluations indicating ongoing issues, and the lack of consistent treatment or support for his conditions. The judge found that the applicant's admissions and explanations did not sufficiently address the risks posed to national security, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline IPsychological Conditions · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 22-00716

deniedSep 18, 2023· Hon. Mark W. Harvey· hearing

Summary

A 44-year-old information technology specialist was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline I (Psychological Conditions), and Guideline E (Personal Conduct). The applicant's history included excessive alcohol consumption and diagnosed psychological conditions.

Specifically, on February 1, 2022, a psychologist diagnosed the applicant with Alcohol Use Disorder, Anxiety Disorder, unspecified, and Depressive Disorder, unspecified. The applicant also failed to disclose information on his December 14, 2016 Security Clearance Application regarding his mental health and suggestions for alcohol counseling.

The denial was based on the applicant's history of excessive alcohol consumption and psychological diagnoses, his failure to follow treatment recommendations or provide evidence of ongoing treatment, and his lack of candor in omitting relevant mental health and alcohol treatment history from his security clearance application. The judge determined that the applicant's admissions and evidence did not sufficiently mitigate these security concerns.

Why the Applicant Was Denied

The applicant has a history of excessive alcohol consumption and was diagnosed with Alcohol Use Disorder, Anxiety Disorder, and Depressive Disorder.
The applicant failed to follow treatment recommendations for alcohol consumption and did not provide evidence of ongoing treatment or counseling.
The applicant was not candid in his security clearance application, omitting relevant mental health and alcohol treatment history.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder
AG ¶ 28(a)appliedBehavior That Casts Doubt on Judgment
AG ¶ 28(b)appliedOpinion by a Mental Health Professional Indicating Impairment
AG ¶ 16(a)appliedDeliberate Omission or Falsification of Relevant Facts

Key Rule Quoted

“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedFeb 3, 2023
Answer filed—Applicant responded to the SOR.
Hearing heldMay 24, 2023
Decision dateSep 18, 2023

Cite For

Denial of Security Clearance Due to Alcohol Use Disorder Under Guideline G
Impact of Psychological Conditions on Security Clearance Eligibility Under Guideline I
Importance of Candor in Security Clearance Applications Under Guideline E

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

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on the personal conduct concerns under Guideline E, specifically regarding the failure to disclose mental health and alcohol counseling information on his security clearance application. The applicant admitted to the omission but did not provide sufficient justification to mitigate the concerns raised.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant failed to disclose information on his December 14, 2016 SCA about his mental-health and suggestions that he receive alcohol counseling.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Mental Health	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: deniedAUD DIAGNOSED

The judge found against the applicant on all allegations related to alcohol consumption, including a history of alcohol abuse and a diagnosis of Alcohol Use Disorder. The applicant's attempts to mitigate the concerns were not accepted, leading to a denial of the application.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	specific text not stated in this decision	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline I (Psychological Conditions) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the Applicant was diagnosed with Alcohol Use Disorder, Anxiety Disorder, unspecified, and Depressive Disorder, unspecified. The judge ruled against the Applicant, citing concerns about reliability and trustworthiness due to the psychological conditions and the Applicant's history of alcohol consumption contrary to treatment recommendations.

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	On February 1, 2022, a psychologist, Dr. G, interviewed Applicant, reviewed his medical records, and diagnosed him with Alcohol Use Disorder, Anxiety Disorder, unspecified, and Depressive Disorder, unspecified.	Against Applicant	Mood Disorder Diagnosed	Admitted	(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	—	—

Descriptive standardized rendering of a decided public case (Guideline I). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.