ISCR Case 04-11854.h1

Case Headnote

ISCR Case No. 04-11854.h1

deniedMay 27, 2009· Hon. Paul J. Mason· hearing

Summary

A 32-year-old test engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline I (Psychological Conditions). The applicant had a history of alcohol dependence from 1994 to June 2008, consuming six to 24 drinks to intoxication, leading to multiple arrests for public intoxication in 1999, 2005, and 2008. He was also diagnosed with alcohol dependence and abuse by qualified professionals.

Regarding drug involvement, the applicant used marijuana approximately 90 to 125 times from 1995 to 1999, sporadically until 2003, and then two or three times until 2007. He consumed hallucinogenic mushrooms 15 to 20 times in 1998 and 1999, and once in February 2008. Cocaine was used on 20 to 25 occasions between 1998 and 2005, and he was in possession of marijuana in 1999.

The applicant also had an extensive history of psychological conditions, including multiple inpatient and outpatient treatments between 2001 and 2008 for suicidal ideation, self-destructive behavior, and diagnoses including alcohol-induced mood disorder, personality disorder, bipolar disorder, polysubstance abuse, and borderline personality disorder. He also experienced substance-induced mood and psychotic disorders with visual hallucinations and paranoia. Despite some evidence of recent abstinence and character references, the judge found that the applicant's history of alcohol dependence, drug use, and psychological disorders impaired his judgment and reliability, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to a long history of alcohol dependence and psychological issues, including multiple diagnoses of mental health disorders.
The government psychologist's assessment indicated that the applicant's psychological conditions could impair his judgment and reliability.
The applicant's claims of recent abstinence and character references were insufficient to mitigate the established concerns.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol Dependence
H.2.araisedIllegal Drug Involvement
I.2.araisedPsychological Conditions

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”

Procedural Posture

SOR issuedJan 16, 2009
Answer filedFeb 17, 2009
Hearing heldMar 25, 2009
Decision dateMay 27, 2009

Cite For

Denial Based on Established History of Alcohol Dependence and Psychological Issues
Insufficient Mitigation Despite Evidence of Recent Abstinence
Importance of Expert Psychological Evaluations in Security Clearance 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	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	From 1994 to June 2008, Applicant consumed alcohol, drinking between six and 24 drinks, always to intoxication.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	In May 1999, Applicant was detained for public intoxication and spent a night in jail.	Against Applicant	Public Intoxication	Admitted	—	—	—
2.c	In October 2005, Applicant was arrested for public drunk, but the charge was expunged.	Against Applicant	Public Intoxication	Admitted	—	—	—
2.d	In June 2008, Applicant was arrested for public intoxication, but the charge was dismissed when the arresting officer did not appear in court.	Against Applicant	Public Intoxication	Admitted	—	—	—
2.e	Applicant was diagnosed with alcohol dependence (303.90) and alcohol abuse (305.00) by qualified professionals.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

From 1994 to June 2008, Applicant consumed alcohol, drinking between six and 24 drinks, always to intoxication.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

In May 1999, Applicant was detained for public intoxication and spent a night in jail.

Against Applicant

Public Intoxication

Admitted

—

2.c

In October 2005, Applicant was arrested for public drunk, but the charge was expunged.

Against Applicant

Public Intoxication

Admitted

—

2.d

In June 2008, Applicant was arrested for public intoxication, but the charge was dismissed when the arresting officer did not appear in court.

Against Applicant

Public Intoxication

Admitted

—

2.e

Applicant was diagnosed with alcohol dependence (303.90) and alcohol abuse (305.00) by qualified professionals.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	You used marijuana approximately 90 to 125 times from 1995 to 1999, then sporadically until 2003, then two or three times until 2007.	For Applicant	Marijuana	Frequent	Admitted	—	—	—
3.b	You consumed hallucinogenic mushrooms approximately 15 to 20 times in 1998 and 1999, and on one occasion in February 2008.	For Applicant	Psilocybin	Occasional	Admitted	—	—	—
3.c	You were in possession of marijuana in 1999.	For Applicant	Drug Possession with Intent	Not Applicable	Admitted	—	—	—
3.d	You used cocaine on 20 to 25 occasions between 1998 and 2005.	For Applicant	Cocaine	Frequent	Admitted	—	—	—
3.e	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

You used marijuana approximately 90 to 125 times from 1995 to 1999, then sporadically until 2003, then two or three times until 2007.

For Applicant

Marijuana

Frequent

Admitted

—

3.b

You consumed hallucinogenic mushrooms approximately 15 to 20 times in 1998 and 1999, and on one occasion in February 2008.

For Applicant

Psilocybin

Occasional

Admitted

—

3.c

You were in possession of marijuana in 1999.

For Applicant

Drug Possession with Intent

Not Applicable

Admitted

—

3.d

You used cocaine on 20 to 25 occasions between 1998 and 2005.

For Applicant

Cocaine

Frequent

Admitted

—

3.e

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	From September 19, 2001 to September 25, 2001 (SOR 1.a.), Applicant received inpatient treatment (GE 6). The medical history and interview revealed suicidal ideas, but none at the time of admission. Applicant recounted increasing incidents of self-destructive behavior, including, provoking fights at bars, and burning or cutting his wrist. Before admission, Applicant indicated heavier drinking until backout, though he denied drinking when he called the police. Applicant stated he usually drank on the weekends	Against Applicant	Suicidal Ideation or Attempt	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.b	Applicant was readmitted to the hospital for mental health treatment from October 9 to October 11, 2001 (SOR 1.b.). On the day of admission, Applicant consumed 7 beers and liquor. He had a cut on his right wrist (GE 7). He noted drinking to the point of blackouts on the weekends, with constant drinking habits since college, only more intense (Id. at 2). The medical record indicated in the medical history portion that Applicant demonstrated poor insight and judgment. Applicant’s discharge diagnosis was alcohol induced mood disorder, (291.89), alcohol dependence (303.30), personality disorder, not otherwise specified (301.9) (AE GE 4, 7).	Against Applicant	Mood Disorder Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.c	From October 8, 2001 to April 11, 2002 (1.c.), Applicant received inpatient and outpatient treatment at a behavioral hospital (GE 8). The course of treatment on November 15, 2001, showed that Applicant was admitted for inpatient care after drinking daily and showing that he had cut himself; however, he showed no suicidal thoughts (Id.) On November 26, 2001 (SOR 1.c.), Applicant was re-admitted to the same behavioral hospital referred to in GE 8. Under the course of treatment portion of the medical records, it was noted that Applicant had a year-long history of self-destructive behavior, blackouts, coupled with drug and alcohol addiction. A reason for Applicant’s condition was that he was troubled over his father returning to his home country. Applicant advised hospital personnel he had terminated his heavy alcohol and drug use the day before he was admitted (Id.). On Applicant’s discharge from treatment on April 11, 2002 (1.c.), he was diagnosed with bipolar disorder, depressive episode, severe (296.53); polysubstance abuse, and borderline personality disorder. Applicant also received a diagnosis during outpatient treatment of bipolar disorder depressed type, alcohol dependence, and borderline personality with borderline traits (301.83) (GE 8, 9).	Against Applicant	Mood Disorder Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.d	During the course of Applicant’s treatment from January to June 2002 (1.d.), he was diagnosed with substance induced mood, psychotic disorder, experiencing visual hallucinations and paranoia, and self-mutilation (GE 4, 9).	Against Applicant	Psychotic Disorder Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.e	Subparagraph 1.e. of the SOR refers to inpatient treatment Applicant received in the summer of 2004 for depression and alcohol abuse (GE 4). The counselor also noted that Applicant agreed to report to a psychiatrist for an assessment.	Against Applicant	Mood Disorder Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—
1.f	From March 2004 to January 2008 (SOR 1.f.), Applicant received treatment from three mental health professionals. He indicated that he consulted with the first doctor about 10 times, but stopped the sessions because he was feeling better. He consulted the second listed doctor about 10 times, but stopped due to time constraints (Id.). Applicant continues to take a medication for obsessive-compulsive disorder prescribed by the third doctor listed in SOR 1.f. (Tr. 36-37).	Against Applicant	Treatment Non Compliance Psych	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort… (c) voluntary or involuntary inpatient hospitalization	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

From September 19, 2001 to September 25, 2001 (SOR 1.a.), Applicant received inpatient treatment (GE 6). The medical history and interview revealed suicidal ideas, but none at the time of admission. Applicant recounted increasing incidents of self-destructive behavior, including, provoking fights at bars, and burning or cutting his wrist. Before admission, Applicant indicated heavier drinking until backout, though he denied drinking when he called the police. Applicant stated he usually drank on the weekends

Against Applicant

Suicidal Ideation or Attempt

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.b

Applicant was readmitted to the hospital for mental health treatment from October 9 to October 11, 2001 (SOR 1.b.). On the day of admission, Applicant consumed 7 beers and liquor. He had a cut on his right wrist (GE 7). He noted drinking to the point of blackouts on the weekends, with constant drinking habits since college, only more intense (Id. at 2). The medical record indicated in the medical history portion that Applicant demonstrated poor insight and judgment. Applicant’s discharge diagnosis was alcohol induced mood disorder, (291.89), alcohol dependence (303.30), personality disorder, not otherwise specified (301.9) (AE GE 4, 7).

Against Applicant

Mood Disorder Diagnosed

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.c

From October 8, 2001 to April 11, 2002 (1.c.), Applicant received inpatient and outpatient treatment at a behavioral hospital (GE 8). The course of treatment on November 15, 2001, showed that Applicant was admitted for inpatient care after drinking daily and showing that he had cut himself; however, he showed no suicidal thoughts (Id.) On November 26, 2001 (SOR 1.c.), Applicant was re-admitted to the same behavioral hospital referred to in GE 8. Under the course of treatment portion of the medical records, it was noted that Applicant had a year-long history of self-destructive behavior, blackouts, coupled with drug and alcohol addiction. A reason for Applicant’s condition was that he was troubled over his father returning to his home country. Applicant advised hospital personnel he had terminated his heavy alcohol and drug use the day before he was admitted (Id.). On Applicant’s discharge from treatment on April 11, 2002 (1.c.), he was diagnosed with bipolar disorder, depressive episode, severe (296.53); polysubstance abuse, and borderline personality disorder. Applicant also received a diagnosis during outpatient treatment of bipolar disorder depressed type, alcohol dependence, and borderline personality with borderline traits (301.83) (GE 8, 9).

Against Applicant

Mood Disorder Diagnosed

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.d

During the course of Applicant’s treatment from January to June 2002 (1.d.), he was diagnosed with substance induced mood, psychotic disorder, experiencing visual hallucinations and paranoia, and self-mutilation (GE 4, 9).

Against Applicant

Psychotic Disorder Diagnosed

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.e

Subparagraph 1.e. of the SOR refers to inpatient treatment Applicant received in the summer of 2004 for depression and alcohol abuse (GE 4). The counselor also noted that Applicant agreed to report to a psychiatrist for an assessment.

Against Applicant

Mood Disorder Diagnosed

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

1.f

From March 2004 to January 2008 (SOR 1.f.), Applicant received treatment from three mental health professionals. He indicated that he consulted with the first doctor about 10 times, but stopped the sessions because he was feeling better. He consulted the second listed doctor about 10 times, but stopped due to time constraints (Id.). Applicant continues to take a medication for obsessive-compulsive disorder prescribed by the third doctor listed in SOR 1.f. (Tr. 36-37).

Against Applicant

Treatment Non Compliance Psych

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

(c) voluntary or involuntary inpatient hospitalization

—

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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