ISCR Case 17-03554.h1

Case Headnote

ISCR Case No. 17-03554.h1

deniedJul 1, 2017· Hon. Robert J. Kilmartin· hearing

Summary

A 30-year-old technician was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The applicant had a history of alcohol-related incidents, including two DUI arrests in February 2006 and June 2016. Following these arrests, the applicant underwent court-ordered substance abuse counseling and was diagnosed with severe alcohol use disorder, with advice to abstain from alcohol.

Despite completing counseling and receiving this diagnosis, the applicant continued to consume alcohol. The Statement of Reasons also cited the illegal use of controlled substances, including the misuse of prescription and non-prescription drugs, as raising questions about reliability and trustworthiness due to potential impairment and non-compliance with laws.

The denial was based on the applicant's failure to demonstrate a clear pattern of abstinence from alcohol and illegal drugs. Inconsistent statements about alcohol consumption raised doubts about reliability, and the history of multiple DUI arrests and substance misuse indicated a lack of judgment and compliance with laws.

Why the Applicant Was Denied

The applicant failed to demonstrate a clear and established pattern of abstinence from alcohol and illegal drugs.
Inconsistent statements regarding alcohol consumption raised doubts about the applicant's reliability and trustworthiness.
The applicant's history of multiple DUI arrests and substance misuse indicated a lack of judgment and compliance with laws.

Conditions Referenced

Disqualifying

G-22(a)raisedAlcohol-related Incidents Away From Work
G-22(c)raisedHabitual or Binge Consumption of Alcohol
G-22(d)raisedDiagnosis of Alcohol Use Disorder
H-24(a)raisedSubstance Misuse
H-25(a)raisedAny Substance Misuse
H-25(c)raisedIllegal Possession of a Controlled Substance
H-25(g)raisedExpressed Intent to Continue Drug Involvement
E-16(d)raisedCredible Adverse Information

Mitigating

G-23(a)rejectedTime Passed Since Last IncidentThe applicant's last alcohol-related incident was in February 2016, but he continued to drink until May 2017.
G-23(b)rejectedAcknowledgment of Alcohol ProblemThe applicant did not demonstrate a clear pattern of modified consumption or abstinence.
H-26(a)rejectedBehavior Happened Long AgoThe applicant's substance misuse was extensive and recent enough to raise concerns.
H-26(b)rejectedAcknowledgment of Drug InvolvementThe applicant did not provide evidence of disassociation from drug-using associates.
E-17(c)rejectedMinor Offense or Time PassedThe applicant's offenses were serious and not infrequent.
E-17(d)rejectedAcknowledgment and CounselingWhile the applicant attended counseling, it was insufficient to mitigate the established pattern of violations.

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 30, 2017
Answer filed2017-12-00Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateJun 26, 2018

Cite For

Denial of Security Clearance Due to Ongoing Alcohol and Drug Issues
Inconsistent Statements Regarding Substance Use Affecting Reliability
Failure to Demonstrate Rehabilitation Despite Counseling Efforts

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
3.a	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including two DUI arrests in February 2006 and June 2016.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	The applicant has undergone court-ordered substance abuse counseling following his DUI arrests.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.c	The applicant was diagnosed with severe alcohol use disorder and advised to abstain from alcohol.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.d	The applicant has a second DUI arrest in June 2016.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.e	The applicant has completed substance abuse counseling following his second DUI arrest.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.f	The applicant has been evaluated and diagnosed with severe alcohol use disorder.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.g	The applicant continues to consume alcohol despite being diagnosed with alcohol use disorder and advised to abstain.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including two DUI arrests in February 2006 and June 2016.

Against Applicant

DUI or DWI Alcohol

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.b

The applicant has undergone court-ordered substance abuse counseling following his DUI arrests.

Against Applicant

Unspecified Alcohol Incident

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.c

The applicant was diagnosed with severe alcohol use disorder and advised to abstain from alcohol.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.d

The applicant has a second DUI arrest in June 2016.

Against Applicant

DUI or DWI Alcohol

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.e

The applicant has completed substance abuse counseling following his second DUI arrest.

Against Applicant

Unspecified Alcohol Incident

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.f

The applicant has been evaluated and diagnosed with severe alcohol use disorder.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.g

The applicant continues to consume alcohol despite being diagnosed with alcohol use disorder and advised to abstain.

Against Applicant

Continued Use After Treatment

Denied

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

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

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse	—	—
2.b	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Cocaine	Experimental	Admitted	(a) any substance misuse	—	—
2.c	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Psilocybin	Experimental	Admitted	(a) any substance misuse	—	—
2.d	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Prescription Opioid Misuse	Experimental	Admitted	(a) any substance misuse	—	—
2.e	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse	—	—
2.f	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse	—	—
2.g	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(a) any substance misuse	—	—
2.h	The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.	Against Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness, both because such behavior may lead to physical or psychological impairment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.

Against Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

—

2.b

Against Applicant

Cocaine

Experimental

Admitted

(a) any substance misuse

—

2.c

Against Applicant

Psilocybin

Experimental

Admitted

(a) any substance misuse

—

2.d

Against Applicant

Prescription Opioid Misuse

Experimental

Admitted

(a) any substance misuse

—

2.e

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

—

2.f

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

—

2.g

Against Applicant

Stated Intent to Use Again

Not Applicable

Admitted

(a) any substance misuse

—

2.h

Against Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

—

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES