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ISCR Case 22-02556 — CASE

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ISCR Case 22-02556

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

Case Profile
Decision Date4/18/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert Robinson Gales
Government Counsel: Brittany C. M. White
Applicant's Counsel: Bradley P. Moss
Case Summary
The applicant in this case was a 36-year-old employee of a defense contractor, seeking a security clearance after previously holding a secret clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H (drug involvement and substance misuse) and Guideline G (alcohol consumption). The SOR detailed the applicant's history of substance use, including a diagnosis of Alcohol Use Disorder and a history of heavy drinking that led to legal issues and treatment.
During the proceedings, the applicant admitted to the allegations related to drug involvement but did not explicitly admit or deny the alcohol-related allegations. He provided evidence of his treatment for Alcohol Use Disorder and testimony from witnesses regarding his recovery efforts. However, the administrative judge found that while the applicant had mitigated concerns regarding drug use, he failed to adequately address the issues surrounding his alcohol consumption, which included a severe history of alcohol abuse and its impact on his life.
Ultimately, the administrative judge ruled to deny the applicant's eligibility for a security clearance, stating that the applicant's alcohol consumption raised significant security concerns that were not sufficiently mitigated by his treatment and recovery efforts. The judge emphasized the importance of ensuring national security and the need for a thorough examination of the applicant's behavior and circumstances.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 22-02556

deniedApr 18, 2024· Hon. Robert Robinson Gales· hearing

Summary

A 36-year-old defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). While the applicant successfully mitigated drug-related issues, his history of excessive alcohol use remained a significant concern.

Disqualifying conditions related to alcohol consumption included a pattern of excessive use, alcohol-related incidents, and a failure to follow treatment recommendations. Although the applicant underwent treatment for alcohol use disorder, he did not demonstrate a clear and established pattern of abstinence and minimized the impact of his alcohol consumption.

Ultimately, the applicant failed to mitigate concerns regarding alcohol consumption. His history of excessive drinking and related incidents raised significant questions about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate concerns regarding alcohol consumption despite undergoing treatment for alcohol use disorder.
The applicant's history of excessive drinking and related incidents raised significant concerns about reliability and trustworthiness.
The applicant did not demonstrate a clear and established pattern of abstinence from alcohol and minimized the impact of his alcohol consumption.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
AG ¶ 22(e)raisedFailure to Follow Treatment Advice
AG ¶ 22(f)raisedAlcohol Consumption Not in Accordance with Treatment Recommendations

Mitigating

AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome the Problem
AG ¶ 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program

Key Rule Quoted

“"The entire process is a conscientious scrutiny of a number of variables known as the 'whole-person concept.'"”

Procedural Posture

SOR issuedJan 20, 2023
Answer filedFeb 17, 2023
Hearing heldFeb 6, 2024Hearing was postponed due to a medical emergency.
Decision dateApr 18, 2024

Cite For

Denial of Security Clearance Due to Unresolved Alcohol Consumption Issues
Mitigation of Drug Involvement Under Guideline H
Whole-person Analysis in Security Clearance Determinations

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

Full decision

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