ISCR Case 16-00351.h1

Case Headnote

ISCR Case No. 16-00351.h1

deniedMar 1, 2018· Hon. Marc E. Curry· hearing

Summary

A 27-year-old single male applicant was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use, including marijuana from 2008 to February 2015, cocaine 12 to 24 times (or potentially double that frequency) during his sophomore year of college (2009-2010), hallucinogenic mushrooms five to seven times between July 2009 and February 2015, and methamphetamine once in 2012.

While the applicant successfully mitigated the drug involvement concerns, his history of alcohol consumption remained problematic. This included multiple alcohol-related arrests and citations, a history of habitual or binge drinking leading to impaired judgment, and an arrest for driving while intoxicated (DWI). Although he had not been diagnosed with alcohol abuse or dependence, the applicant's attitude and lack of accountability regarding his alcohol use were critical factors.

The denial was based on the applicant's failure to demonstrate sufficient understanding or responsibility for his alcohol consumption. He displayed a lack of comprehension regarding the seriousness of his alcohol abuse, often deflecting blame. Consequently, none of the mitigating conditions for alcohol consumption were applicable, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's history of alcohol-related arrests raised significant concerns about his reliability and trustworthiness.
The applicant displayed a lack of comprehension regarding the seriousness of his alcohol abuse, deflecting blame onto others.
None of the mitigating conditions for alcohol consumption were applicable due to the applicant's attitude and lack of accountability.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol

Mitigating

AG ¶ 23(a)rejectedSo Much Time Has Passed, or the Behavior Was so InfrequentThe applicant's alcohol-related incidents were recent and frequent.
AG ¶ 23(b)rejectedAcknowledgment of Maladaptive Alcohol UseThe applicant did not acknowledge his pattern of alcohol abuse.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 15, 2016
Answer filedJul 18, 2016
Hearing heldDec 20, 2017
Decision dateMar 1, 2018

Cite For

Failure to Mitigate Alcohol Consumption Concerns Under Guideline G
Disqualifying Conditions Related to Alcohol-related Incidents
Lack of Acknowledgment of Alcohol Abuse as a Factor in Security Clearance Decisions

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	The applicant has a history of alcohol-related arrests and citations.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.b	The applicant has a history of habitual or binge consumption of alcohol to the point of impaired judgment.	Against Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
2.c	The applicant was arrested and charged with driving while intoxicated (DWI).	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.d	The applicant has not been diagnosed with alcohol abuse or dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related arrests and citations.

Against Applicant

Alcohol Related Arrest

Admitted

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

—

2.b

The applicant has a history of habitual or binge consumption of alcohol to the point of impaired judgment.

Against Applicant

Binge or Intoxication Pattern

Admitted

(c) habitual or binge consumption to the point of impaired judgment

—

2.c

The applicant was arrested and charged with driving while intoxicated (DWI).

Against Applicant

DUI or DWI Alcohol

Denied

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

—

2.d

The applicant has not been diagnosed with alcohol abuse or dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately 2008, when he began college, to February 2015. His most frequent use was during summers and spring breaks, or during semesters with lighter work loads. At the peak of Applicant’s use, he smoked marijuana daily.	For Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	During Applicant’s sophomore year in college (2009-2010), he used cocaine. The SOR alleges that he used it 12 to 24 times, but Applicant testified that his use may have been double the alleged frequency.	For Applicant	Cocaine	Frequent	Admitted	—	—	—
1.c	Applicant used hallucinogenic mushrooms five to seven times between July 2009 and February 2015. They typically made him queasy. The last time someone offered some to him, he refused.	For Applicant	Psilocybin	Occasional	Admitted	—	—	—
1.d	Applicant used methamphetamine once in 2012. He characterized the experience as 'the worst 36 hours of [his] life.'	For Applicant	Methamphetamine	Experimental	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana with varying frequency from approximately 2008, when he began college, to February 2015. His most frequent use was during summers and spring breaks, or during semesters with lighter work loads. At the peak of Applicant’s use, he smoked marijuana daily.

For Applicant

Marijuana

Regular

Admitted

—

1.b

During Applicant’s sophomore year in college (2009-2010), he used cocaine. The SOR alleges that he used it 12 to 24 times, but Applicant testified that his use may have been double the alleged frequency.

For Applicant

Cocaine

Frequent

Admitted

—

1.c

Applicant used hallucinogenic mushrooms five to seven times between July 2009 and February 2015. They typically made him queasy. The last time someone offered some to him, he refused.

For Applicant

Psilocybin

Occasional

Admitted

—

1.d

Applicant used methamphetamine once in 2012. He characterized the experience as 'the worst 36 hours of [his] life.'

For Applicant

Methamphetamine

Experimental

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

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

FOOTNOTES