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ISCR Case 23-00264 — CASE

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ISCR Case 23-00264

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

Case Profile
Decision Date4/3/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert E. Coacher
Government Counsel: Tara R. Karoian
Applicant's Counsel: Mark D. Lammers
Case Summary
The applicant in this case was a 60-year-old individual employed by a defense contractor since April 2022, with a prior 21-year tenure at an electronics company. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guidelines G (alcohol consumption) and H (drug involvement and substance misuse). The allegations included long-term marijuana use, unprescribed use of OxyContin, and excessive alcohol consumption, including a DUI arrest in 2013.
The applicant admitted to the allegations but provided explanations for his behavior. He acknowledged using marijuana and OxyContin over several decades, ceasing marijuana use in December 2021 to pass a drug test. He also admitted to a history of alcohol abuse, including treatment in 2010, but claimed to have stopped drinking alcohol entirely in July 2023. He presented character references and evidence of his job performance, asserting his commitment to sobriety and offering to undergo random alcohol testing.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to alcohol consumption while successfully mitigating those related to drug involvement. The judge emphasized the importance of the applicant's history of alcohol abuse and the ongoing risks associated with his past behavior, ultimately denying his eligibility for a security clearance.
Guidelines Evaluated
- Guideline GAlcohol Consumption · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-00264

deniedApr 3, 2024· Hon. Robert E. Coacher· hearing

Summary

A 60-year-old defense contractor was denied a security clearance due to concerns primarily under Guideline G (Alcohol Consumption), with Guideline H (Drug Involvement) concerns being mitigated. The applicant had a history of marijuana use from 1980 to 2021 and unprescribed OxyContin use from 2018 to 2020. However, the judge found that the applicant had abstained from drugs since 2021.

The denial stemmed from a 40-year history of excessive alcohol consumption, including a DUI arrest in 2013 with a .08 BAC, and treatment for alcohol use disorder in 2010. Despite ongoing participation in AA and periods of sobriety, the applicant consistently returned to alcohol consumption.

The judge concluded that the applicant failed to demonstrate a clear and established pattern of modified consumption or abstinence from alcohol. This long-standing pattern of behavior raised doubts about the applicant's reliability and trustworthiness, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a 40-year history of excessive alcohol consumption, including a DUI arrest and treatment for alcohol use disorder.
Despite periods of sobriety, the applicant has consistently returned to alcohol consumption, undermining claims of reliability.
The applicant failed to demonstrate a clear and established pattern of modified consumption or abstinence from alcohol.

Conditions Referenced

Disqualifying

AG ¶ 21raisedAlcohol Consumption
AG ¶ 22(a)appliedAlcohol-related Incidents
AG ¶ 22(c)appliedHabitual or Binge Consumption
AG ¶ 22(d)appliedDiagnosis of Alcohol Use Disorder

Mitigating

AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior
AG ¶ 23(b)rejectedAcknowledgment and Actions Taken
AG ¶ 23(d)rejectedCompletion of Treatment Program
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Abstinence Pattern

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedFeb 24, 2023
Answer filedMay 19, 2023
Hearing heldDec 12, 2023
Decision dateApr 3, 2024

Cite For

Denial of Security Clearance Due to Excessive Alcohol Consumption Under Guideline G
Mitigation of Drug Involvement Concerns Under Guideline H
Consideration of Long-term Patterns of Substance Abuse in Security Clearance Evaluations.

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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: deniedAUD DIAGNOSED

The judge found against the applicant on allegations related to alcohol consumption. The applicant had a DUI arrest in 2013 and a history of excessive drinking, which led to treatment for alcohol use disorder. Despite participation in Alcoholics Anonymous, the applicant continued to consume alcohol after treatment, leading to a denial of security clearance.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant's alcohol consumption led to a DUI arrest in 2013, with a blood alcohol content of .08.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.b	Applicant has a history of excessive drinking, which led to treatment for alcohol use disorder and continued participation in AA.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
2.c–2.d	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant used marijuana and OxyContin, not prescribed to him, over several decades, and admitted to excessive alcohol consumption, including a DUI arrest. Despite the applicant's claims of abstinence and intent to refrain from future drug use, the judge concluded that the applicant's history of substance use and ongoing alcohol consumption did not support granting a security clearance. The decision was ultimately denied.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana at various times from about October 1980 to about December 2021; purchased marijuana from about October 1980 to about September 2020; and used OxyContin, not prescribed to him, at various times from about September 2018 to about September 2020.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Applicant consumed alcohol in excess, and to the point of intoxication, from 1980 to present; was arrested in November 2013 and charged with DUI; received treatment at an alcohol treatment facility from June to July 2010; and continues to consume alcohol, notwithstanding his treatment for episodic alcohol abuse disorder.	For Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Signed Intent with Revocation Clause
1.c	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—

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

Full decision

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