ISCR Case 23-01343

Case Headnote

ISCR Case No. 23-01343

deniedAug 7, 2024· Hon. Robert E. Coacher· hearing

Summary

A 58-year-old senior designer-specialist was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a documented history of alcohol abuse spanning from January 1975 to at least February 2021, including six arrests for driving under the influence (DUI) between 1987 and 2021. He received alcohol dependence treatment from September 1997 to September 1998 and again from April 2021 to the present, but continued to consume alcohol.

Additionally, the applicant used marijuana from May 1973 to December 2020, and LSD, mescaline, and hashish from January 1981 to August 1997. He was arrested for marijuana possession around 2002 and admitted to using these substances while holding classified access. These issues raised concerns about criminal conduct and personal reliability.

Despite some mitigating factors related to drug involvement, the administrative judge found insufficient evidence to alleviate concerns regarding the applicant's reliability and trustworthiness. The long history of alcohol abuse, repeated DUI arrests, and continued alcohol consumption despite treatment, along with past drug use, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including six DUI arrests from 1987 to 2021.
He failed to provide sufficient evidence of rehabilitation or a clear pattern of abstinence from alcohol despite treatment.
The applicant's admissions and history raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(b)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago or Was Infrequent
AG ¶ 23(d)rejectedSuccessfully Completed a Treatment ProgramWhile the applicant completed treatment, his long history of alcohol abuse and insufficient evidence of ongoing sobriety undermined this condition.

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedDec 1, 2023
Answer filedFeb 6, 2024
Hearing held—Decided on the written record.
Decision dateAug 7, 2024

Cite For

Denial of Security Clearance Due to Extensive Alcohol Abuse History
Impact of Multiple DUI Arrests on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in the Context of Alcohol Dependence

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any other single guideline	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

credible adverse information in several adjudicative issue areas that is not sufficient for an adverse determination under any other single guideline

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	consumed alcohol to excess between January 1975 and at least February 2021	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
1.b	was arrested and charged with driving under the influence of alcohol (DUI) in 1987, 1990, 1997, 2001, 2011, and 2021	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
1.c–1.g	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.h	received alcohol treatment from September 1997 to about September 1998, for a condition diagnosed as alcohol dependence	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.i	received alcohol treatment from April 2021 to the present, for a condition diagnosed as alcohol dependence	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.j	continues to consume alcohol, notwithstanding his treatment for a condition diagnosed as alcohol dependence	For Applicant	Continued Use After Treatment	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

consumed alcohol to excess between January 1975 and at least February 2021

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

1.b

was arrested and charged with driving under the influence of alcohol (DUI) in 1987, 1990, 1997, 2001, 2011, and 2021

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

1.c–1.g

5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

1.h

received alcohol treatment from September 1997 to about September 1998, for a condition diagnosed as alcohol dependence

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.i

received alcohol treatment from April 2021 to the present, for a condition diagnosed as alcohol dependence

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.j

continues to consume alcohol, notwithstanding his treatment for a condition diagnosed as alcohol dependence

For Applicant

Continued Use After Treatment

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(b) alcohol-related incident at work

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	used marijuana from May 1973 to about December 2020	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
2.b	used LSD from January 1981 to about August 1997	For Applicant	LSDWHILE CLEARED	Experimental	Admitted	—	—	—
2.c	used mescaline from January 1981 to August 1997	For Applicant	DMT or Other HallucinogenWHILE CLEARED	Experimental	Admitted	—	—	—
2.d	used hashish from January 1981 to August 1997	For Applicant	MarijuanaWHILE CLEARED	Experimental	Admitted	—	—	—
2.e	was arrested in about 2002 for possession of marijuana	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.f	used marijuana, LSD, mescaline, and hashish while granted access to classified information	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

used marijuana from May 1973 to about December 2020

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

2.b

used LSD from January 1981 to about August 1997

For Applicant

LSDWHILE CLEARED

Experimental

Admitted

—

2.c

used mescaline from January 1981 to August 1997

For Applicant

DMT or Other HallucinogenWHILE CLEARED

Experimental

Admitted

—

2.d

used hashish from January 1981 to August 1997

For Applicant

MarijuanaWHILE CLEARED

Experimental

Admitted

—

2.e

was arrested in about 2002 for possession of marijuana

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.f

used marijuana, LSD, mescaline, and hashish while granted access to classified information

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	evidence of criminal conduct, regardless of whether the person was formally charged, formally prosecuted or convicted	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

evidence of criminal conduct, regardless of whether the person was formally charged, formally prosecuted or convicted

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision