ISCR Case 09-05444.h1

Case Headnote

ISCR Case No. 09-05444.h1

deniedMay 20, 2011· Hon. Thomas M. Crean· hearing

Summary

A 54-year-old female defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and I (Psychological Conditions). The applicant admitted to a history of alcohol dependence, drug use, and psychological issues, but failed to provide sufficient evidence of rehabilitation or control over these issues.

Specifically, the applicant admitted to consuming alcohol to the point of intoxication from approximately 1997 until September 2009, and was arrested for driving while intoxicated in 1993. In June 2006, she was treated for alcohol withdrawal and diagnosed as alcohol dependent and having a personality disorder, yet continued to consume alcohol. She also admitted to using marijuana from 1975 until June 2006 and cocaine from 1974 until at least February 2006, but initially provided only a partial answer regarding her illegal drug use on her application, omitting cocaine.

Furthermore, the applicant admitted to being treated in 2006 for a psychotic disorder after experiencing auditory and visual hallucinations, which she stated had occurred intermittently since age 14. The denial was based on her admitted history of alcohol consumption and dependence, her failure to demonstrate abstinence or responsible alcohol use post-diagnosis, and her concealment of cocaine use on her security clearance application, indicating an intent to deceive.

Why the Applicant Was Denied

The applicant admitted to a history of alcohol consumption to the point of intoxication and was diagnosed as alcohol dependent.
She failed to demonstrate a pattern of abstinence or responsible use of alcohol after her diagnosis.
The applicant concealed her cocaine use on her security clearance application, indicating intent to deceive.

Conditions Referenced

Disqualifying

G 22(a)raisedAlcohol Consumption Disqualifying Condition
G 22(d)raisedAlcohol Consumption Disqualifying Condition
I 28(a)raisedPsychological Conditions Disqualifying Condition
I 28(b)raisedPsychological Conditions Disqualifying Condition
E 16(a)raisedPersonal Conduct Disqualifying Condition
E 16(e)raisedPersonal Conduct Disqualifying Condition

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedSep 27, 2010
Answer filedOct 11, 2010Applicant admitted all allegations.
Hearing held—Decided on the written record.
Decision dateMay 20, 2011

Cite For

Denial of Security Clearance Due to Alcohol Dependence and Psychological Issues
Failure to Mitigate Security Concerns Related to Personal Conduct
Concealment of Drug Use on Security Clearance Application as a Disqualifying Factor

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	Applicant provided only a partial answer to a question concerning her use of illegal drugs. She indicated marijuana use but not cocaine use.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
3.b	Applicant admits to using marijuana with varying frequency from 1975 until June 2006.	Against Applicant	Omission or Failure to Disclose	Other	Admitted	—	—	—
3.c	Applicant admits to using cocaine with varying frequency from 1974 until at least February 2006.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant provided only a partial answer to a question concerning her use of illegal drugs. She indicated marijuana use but not cocaine use.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(e) personal conduct or concealment creating vulnerability to exploitation

—

3.b

Applicant admits to using marijuana with varying frequency from 1975 until June 2006.

Against Applicant

Omission or Failure to Disclose

Other

Admitted

—

3.c

Applicant admits to using cocaine with varying frequency from 1974 until at least February 2006.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant admits she consumed alcohol at times to the point of intoxication from approximately 1997 until September 2009.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.b	The applicant admits she was arrested and found guilty of driving while intoxicated in 1993, and sentenced to a fine and ordered to attend an alcohol safety program.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	The applicant admits she voluntarily presented herself to a hospital emergency room in June 2006, and was treated for alcohol withdrawal and diagnosed as alcohol dependent and having a personality disorder.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	The applicant continued to consume alcohol after receiving the diagnosis.	Against Applicant	Continued Use After Treatment	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.e	The applicant explained that her consumption of alcohol was in 'extreme and measured moderation'.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.f	The applicant admits she had a verbal altercation with a co-worker after work after drinking alcohol.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.g	The applicant viewed the incidents as frivolous harassment.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant admits she consumed alcohol at times to the point of intoxication from approximately 1997 until September 2009.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

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

—

1.b

The applicant admits she was arrested and found guilty of driving while intoxicated in 1993, and sentenced to a fine and ordered to attend an alcohol safety program.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.c

The applicant admits she voluntarily presented herself to a hospital emergency room in June 2006, and was treated for alcohol withdrawal and diagnosed as alcohol dependent and having a personality disorder.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.d

The applicant continued to consume alcohol after receiving the diagnosis.

Against Applicant

Continued Use After Treatment

Admitted

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

—

1.e

The applicant explained that her consumption of alcohol was in 'extreme and measured moderation'.

Against Applicant

Unspecified Alcohol Incident

Denied

—

1.f

The applicant admits she had a verbal altercation with a co-worker after work after drinking alcohol.

Against Applicant

Alcohol Related Arrest

Admitted

—

1.g

The applicant viewed the incidents as frivolous harassment.

Against Applicant

Unspecified Alcohol Incident

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
2.a	Applicant admits she was treated in 2006 for a psychotic disorder, not otherwise stated, after hearing voices and having visual hallucinations.	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…	—	—
2.b	She also admits to having intermittent hallucinations since age 14.	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…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

2.a

Applicant admits she was treated in 2006 for a psychotic disorder, not otherwise stated, after hearing voices and having visual hallucinations.

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…

—

2.b

She also admits to having intermittent hallucinations since age 14.

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…

—

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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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION