ISCR Case 22-01808

Case Headnote

ISCR Case No. 22-01808

deniedJun 15, 2023· Hon. Charles C. Hale· hearing

Summary

A 46-year-old inspector with a history of major depressive disorder and alcohol use disorder was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline I (Psychological Conditions). The applicant's psychological evaluation in July 2022 confirmed diagnoses of major depressive disorder and alcohol use disorder, consistent with his treating physicians. His history included five suicide attempts since age 16, with incidents in 1993, 2005 (discharging a weapon into the ceiling during a domestic disturbance), and 2018 (intentional overdose after a domestic disturbance).

Despite psychiatric treatment following his 2018 suicide attempt, the applicant admitted to continued alcohol use, contrary to medical advice. He attributed his alcohol consumption to various personal issues, including missing work, his suicide attempts, a second divorce, and financial problems. In July 2022, he reported consuming alcohol approximately four times weekly, typically two to five drinks per setting. His record also included a 2004 DUI arrest, a 2009 arrest for fourth-degree assault and disorderly conduct, and a 2015 fourth-degree assault charge.

The administrative judge determined that the applicant's continued alcohol consumption undermined his depression treatment. Insufficient time had passed to demonstrate that his psychological issues were under control or that he had made satisfactory progress in treatment, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to a history of major depressive disorder and alcohol use disorder, including multiple suicide attempts.
The applicant's continued alcohol consumption undermined the effectiveness of his treatment for depression.
Insufficient time had passed to demonstrate that the applicant's psychological issues were under control or that he had made satisfactory progress in treatment.

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 Qualified Mental Health Professional

Procedural Posture

SOR issuedNov 23, 2022
Answer filed—Applicant requested a decision on the written record without a hearing.
Hearing held—Decision made on the written record.
Decision dateJun 15, 2023

Cite For

Denial of Security Clearance Due to Psychological Conditions Under Guideline I
Denial of Security Clearance Due to Alcohol Consumption Under Guideline G
Insufficient Evidence of Rehabilitation or Compliance with Treatment Plans

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	Applicant, even after the events alleged in SOR ¶¶ 1.c and 1.d, admits in his Answer, and contrary to medical advice, his continued alcohol use.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
2.b	He attributes alcohol consumption to missing work due to being hungover; his two suicide attempts in 2005 and 2018; his second divorce; and his financial problems, including a 2014 foreclosure.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	Claimed Acknowledgment and Remorse
2.c	During his July 2022 psychological evaluation, he told the DoD psychologist he consumed alcohol approximately four times weekly, drinking between two and five alcoholic beverages each setting, and only drinking more than six alcoholic drinks approximately monthly.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.d	Applicant admits to each incident: the 2015 incident resulted in him being charged with fourth-degree assault; the 2009 incident resulted in an arrest for fourth-degree assault and second-degree disorderly conduct; and the 2004 DUI arrest.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant, even after the events alleged in SOR ¶¶ 1.c and 1.d, admits in his Answer, and contrary to medical advice, his continued alcohol use.

Against Applicant

Continued Use After Treatment

Admitted

—

2.b

He attributes alcohol consumption to missing work due to being hungover; his two suicide attempts in 2005 and 2018; his second divorce; and his financial problems, including a 2014 foreclosure.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

Claimed

Acknowledgment and Remorse

2.c

During his July 2022 psychological evaluation, he told the DoD psychologist he consumed alcohol approximately four times weekly, drinking between two and five alcoholic beverages each setting, and only drinking more than six alcoholic drinks approximately monthly.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.d

Applicant admits to each incident: the 2015 incident resulted in him being charged with fourth-degree assault; the 2009 incident resulted in an arrest for fourth-degree assault and second-degree disorderly conduct; and the 2004 DUI arrest.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	On July 29, 2022, at the request of the DoD, Applicant underwent a psychological evaluation. The DoD psychologist concurred with the diagnosis of his treating physicians that he had major depressive disorder, recurrent, mild, and an alcohol use disorder.	Against Applicant	Mood Disorder Diagnosed	Admitted	—	—	—
1.b	After the 2018 suicide attempt, he underwent psychiatric treatment and was diagnosed with major depression, recurrent, severe, without psychosis, and alcohol use disorder, severe.	Against Applicant	Mood Disorder Diagnosed	Admitted	—	—	—
1.c	His most recent suicide attempt occurred in the summer of 2018, after a domestic disturbance, when he intentionally overdosed on a prescription muscle relaxer, Baclofen.	Against Applicant	Suicidal Ideation or Attempt	Admitted	—	—	—
1.d	In a domestic disturbance in 2005 he placed a revolver to his head before ultimately discharging the weapon into the ceiling.	Against Applicant	Violent or Aggressive Episode	Admitted	—	—	—
1.e	Applicant’s history of suicidality goes back to 1993, when he intentionally overdosed on Tylenol with codeine.	Against Applicant	Suicidal Ideation or Attempt	Admitted	—	—	—
1.f	During treatment after his 2018 suicide attempt, he reported five suicide attempts since the age of 16.	Against Applicant	Suicidal Ideation or Attempt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

On July 29, 2022, at the request of the DoD, Applicant underwent a psychological evaluation. The DoD psychologist concurred with the diagnosis of his treating physicians that he had major depressive disorder, recurrent, mild, and an alcohol use disorder.

Against Applicant

Mood Disorder Diagnosed

Admitted

—

1.b

After the 2018 suicide attempt, he underwent psychiatric treatment and was diagnosed with major depression, recurrent, severe, without psychosis, and alcohol use disorder, severe.

Against Applicant

Mood Disorder Diagnosed

Admitted

—

1.c

His most recent suicide attempt occurred in the summer of 2018, after a domestic disturbance, when he intentionally overdosed on a prescription muscle relaxer, Baclofen.

Against Applicant

Suicidal Ideation or Attempt

Admitted

—

1.d

In a domestic disturbance in 2005 he placed a revolver to his head before ultimately discharging the weapon into the ceiling.

Against Applicant

Violent or Aggressive Episode

Admitted

—

1.e

Applicant’s history of suicidality goes back to 1993, when he intentionally overdosed on Tylenol with codeine.

Against Applicant

Suicidal Ideation or Attempt

Admitted

—

1.f

During treatment after his 2018 suicide attempt, he reported five suicide attempts since the age of 16.

Against Applicant

Suicidal Ideation or Attempt

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION