ISCR Case 09-03836.h1

Case Headnote

ISCR Case No. 09-03836.h1

grantedJul 1, 2009· Hon. Mary E. Henry· hearing

Summary

A 24-year-old material handler for a Department of Defense contractor was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). The Statement of Reasons cited the applicant's past purchase and use of marijuana and cocaine, a May 2008 diagnosis of polysubstance abuse, and treatment for opioid abuse. Alcohol-related concerns included habitual or binge consumption leading to impaired judgment and alcohol-related incidents away from work.

However, the applicant demonstrated significant rehabilitation. He has not used drugs in two years and consumed only one beer in that same period. He successfully completed both inpatient and outpatient treatment for substance abuse and received a favorable prognosis from his psychiatrist. Furthermore, the applicant signed a statement agreeing to the loss of his security clearance if he uses illegal drugs in the future.

Witnesses also testified to the applicant's honesty, reliability, and positive behavioral changes since his treatment. Based on this evidence of rehabilitation and commitment to abstinence, the judge found that the applicant had successfully mitigated the security concerns, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant demonstrated a significant period of abstinence from drugs and alcohol, having not used drugs in two years and only consuming one beer in that time.
The applicant successfully completed inpatient and outpatient treatment for substance abuse and received a favorable prognosis from his psychiatrist.
Witnesses testified to the applicant's honesty, reliability, and positive changes in behavior since his treatment.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Dependence

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 23(d)appliedSuccessful Completion of Treatment and Established Pattern of Abstinence
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
AG ¶ 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
AG ¶ 26(a)appliedBehavior Happened Long Ago and Unlikely to Recur

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 4, 2009
Answer filedDec 28, 2009
Hearing heldApr 27, 2010
Decision dateJul 7, 2010

Cite For

Demonstrated Intent Not to Abuse Drugs in the Future Under Guideline H
Successful Completion of Treatment for Substance Abuse Under Guideline G
Evidence of Rehabilitation and Positive Behavioral Changes in Security Clearance Cases

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	alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For 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	—	—
2.b	habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	Binge or Intoxication Pattern	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	—	—
2.c	diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence	For 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	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For 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

—

2.b

habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

Binge or Intoxication Pattern

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

—

2.c

diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence

For 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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant acknowledged that he purchased marijuana for his use.	For Applicant	Marijuana	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.b	The applicant acknowledged that he purchased cocaine for his use.	For Applicant	Cocaine	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.c	The applicant was diagnosed with polysubstance abuse in May 2008.	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.d	The applicant has been treated for opioid abuse in remission.	For Applicant	Prescription Opioid Misuse	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.e	The applicant has not used drugs in two years and consumed only one beer in the last two years.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.f	The applicant signed a statement of intent agreeing to the loss of his security clearance should he use illegal drugs in the future.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant acknowledged that he purchased marijuana for his use.

For Applicant

Marijuana

Occasional

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

1.b

The applicant acknowledged that he purchased cocaine for his use.

For Applicant

Cocaine

Occasional

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

1.c

The applicant was diagnosed with polysubstance abuse in May 2008.

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

1.d

The applicant has been treated for opioid abuse in remission.

For Applicant

Prescription Opioid Misuse

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

1.e

The applicant has not used drugs in two years and consumed only one beer in the last two years.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

1.f

The applicant signed a statement of intent agreeing to the loss of his security clearance should he use illegal drugs in the future.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

(d) satisfactory completion of treatment with a favorable prognosis

—

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Case Profile

Summary

Why the Applicant Prevailed

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