ISCR Case 14-03282.h1

Case Headnote

ISCR Case No. 14-03282.h1

deniedApr 21, 2015· Hon. Thomas M. Crean· hearing

Summary

A 42-year-old web developer for a defense contractor was denied a security clearance due to concerns under Guideline C (Foreign Preference), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The applicant held dual citizenship with the United Kingdom, obtained through his mother's birth in Scotland, and possessed a UK passport.

The applicant had a history of alcohol consumption from 1986 to at least 2012, including a 2007 termination for intoxication on a business trip and a 2005 guilty plea for driving under the influence. He also faced charges for public intoxication and participated in substance abuse programs in 1991 and 2007, though he left one before completion. His drug involvement was extensive, including methamphetamine use from 2010 to 2012, Adderall abuse from 2009 to 2012, and marijuana use from 1987 to 2011, leading to a 2012 employer reprimand. He also used ayahuasca from 2012 to 2013, and cocaine from 1991 to 2009. Past charges included marijuana possession in 1992 and 2009, and LSD delivery in 1991, resulting in eight years of probation.

Despite the applicant's participation in ayahuasca ceremonies in Peru, the judge found this insufficient as a traditional form of rehabilitation. The applicant admitted to extensive drug and alcohol abuse over many years and did not provide adequate evidence of sustained recovery, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to extensive drug use and alcohol abuse over many years.
The applicant's participation in ayahuasca ceremonies was not deemed a sufficient or traditional form of rehabilitation.
The applicant did not provide adequate evidence of sustained recovery from substance abuse.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
GraisedAlcohol Consumption

Mitigating

HrejectedSuccessful RehabilitationThe judge found the applicant's non-traditional treatment methods insufficient to mitigate concerns.
GrejectedAbstinence From AlcoholThe applicant's past history of alcohol abuse and lack of traditional rehabilitation were significant factors.

Key Rule Quoted

“"The security clearance decision is a determination that an individual is eligible for access to classified information, and the burden is on the applicant to demonstrate that he is eligible for a security clearance."”

Procedural Posture

SOR issuedAug 7, 2014
Answer filedAug 28, 2014
Hearing heldFeb 5, 2015
Decision dateApr 21, 2015

Cite For

Denial of Security Clearance Due to Extensive Drug and Alcohol History
Insufficient Evidence of Rehabilitation From Substance Abuse
Impact of Non-traditional Treatment Methods on Security Clearance Eligibility

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant applied for and received citizenship in the United Kingdom (UK) based on his mother’s birth in Scotland. He also received a UK passport.	Withdrawn	Foreign Citizenship Acquisition or Application	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant applied for and received citizenship in the United Kingdom (UK) based on his mother’s birth in Scotland. He also received a UK passport.

Withdrawn

Foreign Citizenship Acquisition or Application

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant consumed alcohol with various frequency and sometimes to excess from approximately 1986 to at least 2012	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
3.b	In May 2007 he was terminated by his employer for becoming intoxicated on a business trip, had company property stolen, and lied about the incident to his employer	Against Applicant	Intoxication at Work or Duty	Admitted	—	—	—
3.c	In November 2005 he pled guilty to driving under the influence and driving while impaired and was fined	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.d	He was charged with public intoxication and placed on probation as noted in SOR 2.i	Against Applicant	Public Intoxication	Admitted	—	—	—
3.e	He enrolled in substance abuse programs in May 2007, as noted in SOR 2.j and in April to May 1991, as noted in SOR 2.m	For Applicant	Treatment Non Compliance	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant consumed alcohol with various frequency and sometimes to excess from approximately 1986 to at least 2012

Against Applicant

Binge or Intoxication Pattern

Admitted

—

3.b

In May 2007 he was terminated by his employer for becoming intoxicated on a business trip, had company property stolen, and lied about the incident to his employer

Against Applicant

Intoxication at Work or Duty

Admitted

—

3.c

In November 2005 he pled guilty to driving under the influence and driving while impaired and was fined

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.d

He was charged with public intoxication and placed on probation as noted in SOR 2.i

Against Applicant

Public Intoxication

Admitted

—

3.e

He enrolled in substance abuse programs in May 2007, as noted in SOR 2.j and in April to May 1991, as noted in SOR 2.m

For Applicant

Treatment Non Compliance

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	From January 2012 until at least July 2013, Applicant used an illegal drug ayahuasca leaf/DMT	Against Applicant	DMT or Other Hallucinogen	Not Applicable	Admitted	—	—	—
2.b	From May 2010 until at least January 2012, he used methamphetamine on multiple occasions	Against Applicant	Methamphetamine	Frequent	Admitted	—	—	—
2.c	From May 2010 until at least January 2012, he purchased methamphetamine on multiple occasions	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.d	From May 2009 until at least January 2012, he used Adderall in excess of the prescribed amount on multiple occasions	Against Applicant	Prescription Stimulant Misuse	Frequent	Admitted	—	—	—
2.e	From March 1987 until at least December 2011, he used marijuana on multiple occasions	Against Applicant	Marijuana	Frequent	Admitted	—	—	—
2.f	From March 1987 until at least December 2011, he purchased marijuana on multiple occasions	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.g	In January 2012, he received a written reprimand from his employer for failure to appear at work after oversleeping due to Adderall abuse	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
2.h	From February 1991 to at least May 2009, he used cocaine on multiple occasions	Against Applicant	Cocaine	Frequent	Admitted	—	—	—
2.i	In May 2009, he was charged with public intoxication and possession of marijuana and placed on probation for three months	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
2.j	In May 2007, he enrolled in a substance abuse program but left before completion of the program	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
2.k	In October 1992, he was charged with possession of marijuana	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
2.l	In 1991, he was charged with the delivery of LSD, and in February 1993, he was placed on probation for eight years	Against Applicant	LSD	Not Applicable	Admitted	—	—	—
2.m	He participated in a drug rehabilitation program from April 1991 to May 1991	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

From January 2012 until at least July 2013, Applicant used an illegal drug ayahuasca leaf/DMT

Against Applicant

DMT or Other Hallucinogen

Not Applicable

Admitted

—

2.b

From May 2010 until at least January 2012, he used methamphetamine on multiple occasions

Against Applicant

Methamphetamine

Frequent

Admitted

—

2.c

From May 2010 until at least January 2012, he purchased methamphetamine on multiple occasions

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.d

From May 2009 until at least January 2012, he used Adderall in excess of the prescribed amount on multiple occasions

Against Applicant

Prescription Stimulant Misuse

Frequent

Admitted

—

2.e

From March 1987 until at least December 2011, he used marijuana on multiple occasions

Against Applicant

Marijuana

Frequent

Admitted

—

2.f

From March 1987 until at least December 2011, he purchased marijuana on multiple occasions

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.g

In January 2012, he received a written reprimand from his employer for failure to appear at work after oversleeping due to Adderall abuse

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

2.h

From February 1991 to at least May 2009, he used cocaine on multiple occasions

Against Applicant

Cocaine

Frequent

Admitted

—

2.i

In May 2009, he was charged with public intoxication and possession of marijuana and placed on probation for three months

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

2.j

In May 2007, he enrolled in a substance abuse program but left before completion of the program

For Applicant

Treatment Failure

Not Applicable

Admitted

—

2.k

In October 1992, he was charged with possession of marijuana

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

2.l

In 1991, he was charged with the delivery of LSD, and in February 1993, he was placed on probation for eight years

Against Applicant

LSD

Not Applicable

Admitted

—

2.m

He participated in a drug rehabilitation program from April 1991 to May 1991

For Applicant

Treatment Failure

Not Applicable

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 ANALYSIS

FORMAL FINDINGS

CONCLUSION