ISCR Case 09-04905.h1

Case Headnote

ISCR Case No. 09-04905.h1

deniedOct 29, 2010· Hon. Henry Lazzaro· hearing

Summary

A 37-year-old registered nurse 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 misappropriating controlled substances from his workplace between September 2007 and October 2008, leading to a positive drug test for three different substances and a diagnosis of opioid dependence. He also experimented with marijuana at age 16.

Additionally, the applicant was diagnosed as alcohol dependent by a licensed clinical social worker. Despite previous participation in group therapy and AA meetings, he had not attended an AA meeting since April 2010 and denied that alcohol was a problem for him, contradicting earlier statements.

While the applicant completed a substance abuse program, the judge found that he failed to mitigate concerns related to drug involvement and alcohol consumption. His misappropriation of controlled substances, denial of alcohol addiction, and discontinuing support meetings raised serious concerns about his reliability, trustworthiness, and the likelihood of relapse, resulting in the denial of his eligibility for access to sensitive information.

Why the Applicant Was Denied

The applicant misappropriated controlled substances from his workplace, which raised significant trustworthiness concerns.
The applicant denied being alcohol dependent despite a diagnosis and discussions indicating otherwise during therapy sessions.
The applicant's ongoing denial of alcohol addiction and failure to attend support meetings raised concerns about potential relapse.

Conditions Referenced

Disqualifying

DC 25(a)raisedAny Drug Abuse
DC 25(b)raisedTesting Positive for Illegal Drug Use
DC 25(e)raisedEvaluation of Drug Abuse or Drug Dependence by a Licensed Clinical Social Worker
DC 22(e)raisedEvaluation of Alcohol Abuse or Alcohol Dependence by a Licensed Clinical Social Worker
DC 16(d)raisedCredible Adverse Information Indicating Questionable Judgment

Mitigating

MC 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
MC 17(c)appliedThe Offense Is Minor or Unlikely to Recur
MC 17(d)appliedAcknowledgment of Behavior and Counseling Obtained

Key Rule Quoted

“The protection of the national security is the paramount consideration, and any doubt concerning personnel being considered for access to sensitive information will be resolved in favor of national security.”

Procedural Posture

SOR issuedMay 24, 2010
Answer filedJun 14, 2010
Hearing heldAug 12, 2010
Decision dateOct 29, 2010

Cite For

Denial of Security Clearance Due to Drug Involvement and Alcohol Consumption Issues
Importance of Acknowledging Addiction in Security Clearance Evaluations
Impact of Personal Conduct on Trustworthiness Determinations

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	For Applicant	Unspecified Personal Conduct	—	Unknown	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol consumption that raises questions about his reliability and trustworthiness.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(e) failure to follow treatment advice once diagnosed	—	—
2.b	The applicant was diagnosed as alcohol dependent by a licensed clinical social worker during group therapy sessions.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol consumption that raises questions about his reliability and trustworthiness.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

(e) failure to follow treatment advice once diagnosed

—

2.b

The applicant was diagnosed as alcohol dependent by a licensed clinical social worker during group therapy sessions.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant experimented with marijuana on a couple of occasions when he was about 16 years old.	For Applicant	Marijuana	Experimental	Denied	—	—	—
1.b	Applicant misappropriated and consumed several types of controlled substances from the hospital where he worked between September 2007 and October 2008.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.c	Applicant's drug test came back positive for three different types of controlled substances.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug	—	—
1.d	Applicant was diagnosed as opioid dependent by a LCSW CADC who is a staff member of a recognized drug treatment program.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Denied	(e) failure to complete a prescribed drug treatment program	—	—
1.e	Applicant has not attended an AA meeting since April 2010, despite his previous participation in group therapy and AA meetings.	Against Applicant	Treatment Failure	Not Applicable	Denied	—	—	—
1.f	Applicant's protestations against the diagnosis and his discontinuing attendance at AA meetings cause serious concern that a relapse is likely.	Against Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	—
1.g	Applicant's insistence that alcohol is not a problem for him contradicts his previous statements during group therapy.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant experimented with marijuana on a couple of occasions when he was about 16 years old.

For Applicant

Marijuana

Experimental

Denied

—

1.b

Applicant misappropriated and consumed several types of controlled substances from the hospital where he worked between September 2007 and October 2008.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.c

Applicant's drug test came back positive for three different types of controlled substances.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

—

1.d

Applicant was diagnosed as opioid dependent by a LCSW CADC who is a staff member of a recognized drug treatment program.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Denied

(e) failure to complete a prescribed drug treatment program

—

1.e

Applicant has not attended an AA meeting since April 2010, despite his previous participation in group therapy and AA meetings.

Against Applicant

Treatment Failure

Not Applicable

Denied

—

1.f

Applicant's protestations against the diagnosis and his discontinuing attendance at AA meetings cause serious concern that a relapse is likely.

Against Applicant

Stated Intent to Use Again

Not Applicable

Denied

—

1.g

Applicant's insistence that alcohol is not a problem for him contradicts his previous statements during group therapy.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES