ISCR Case 05-15035.h1

Case Headnote

ISCR Case No. 05-15035.h1

deniedSep 27, 2007· Hon. Paul J. Mason· hearing

Summary

A 29-year-old industrial engineer was denied a security clearance due to a history of drug and alcohol abuse, falling under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). The applicant's substance use included prescription painkillers from July to December 2006, daily GHB use with two hospitalizations for overdose in 1998, and cocaine use until 2000 or earlier. He also used marijuana until the late 1990s, methamphetamines from 1995 to 1999, psychotropic mushrooms from 1994 to 1996, and mescaline in 1994 and 1995.

The applicant was diagnosed with drug dependence in 1998 and alcohol abuse by a licensed professional counselor. His alcohol abuse continued until at least September 2006. He was terminated from employment in October 1998 for misuse of pain medication. Disqualifying conditions included a pattern of drug and alcohol abuse, and a diagnosis of substance dependence.

Despite claims of honesty and impressive job performance, the applicant's credibility was undermined by discrepancies between his testimony and his counselor's account regarding treatment and relapse. The applicant had not completed an alcohol rehabilitation program or demonstrated a sufficient pattern of abstinence. Ultimately, the period of abstinence from drugs and alcohol was deemed insufficient to mitigate the security concerns, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant's history of drug and alcohol abuse raised significant security concerns.
Discrepancies between the applicant's claims and his counselor's testimony weakened his credibility.
The applicant's period of abstinence from drugs and alcohol was deemed insufficient to mitigate concerns.

Conditions Referenced

Disqualifying

DC 25.araisedAny Drug Abuse
DC 25.craisedIllegal Drug Possession
DC 22.craisedHabitual or Binge Consumption of Alcohol
DC 22.eraisedEvaluation of Alcohol Abuse by a Licensed Clinical Social Worker
DC 22.fraisedRelapse of Alcohol Abuse or Dependence

Mitigating

MC 23.brejectedAcknowledgment of Alcohol Abuse and Actions Taken to Overcome ItThe applicant's continued alcohol use until September 2006 undermined the application of this condition.
MC 26.brejectedDemonstrated Intent Not to Abuse Drugs in the FutureInsufficient evidence of a clear and established pattern of abstinence.

Key Rule Quoted

“"Security clearance determinations should err, if they must, on the side of denials."”
— Egan, 481 U.S. at 531

Procedural Posture

SOR issuedMar 29, 2007
Answer filedMay 1, 2007Notarized on 05/09/2007
Hearing heldAug 15, 2007
Decision dateSep 27, 2007

Cite For

Credibility Issues in Substance Abuse Cases
Insufficient Period of Abstinence as a Basis for Denial
Discrepancies in Treatment Testimony Affecting Security Clearance Outcomes

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	The applicant has a history of alcohol abuse and has continued to consume alcohol until at least September 2006.	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	—	—
2.b	The applicant was diagnosed with alcohol abuse by a licensed professional counselor.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
2.c	The applicant has not completed an alcohol rehabilitation program or demonstrated a pattern of abstinence.	Against Applicant	Treatment Non Compliance	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol abuse and has continued to consume alcohol until at least September 2006.

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

—

2.b

The applicant was diagnosed with alcohol abuse by a licensed professional counselor.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

2.c

The applicant has not completed an alcohol rehabilitation program or demonstrated a pattern of abstinence.

Against Applicant

Treatment Non Compliance

Admitted

(f) alcohol consumption after a diagnosis, contrary to treatment

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant abused prescription painkillers from July to December 2006.	Against Applicant	Prescription Opioid Misuse	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	Applicant used gamma hydroxybutyric acid (GHB) daily and was hospitalized twice for GHB overdoses in 1998.	For Applicant	Drug Use During Clearance	Regular	Admitted	—	—	—
1.c	Applicant used cocaine to 2000 or earlier.	For Applicant	Cocaine	Experimental	Admitted	—	—	—
1.d	Applicant used marijuana to the late 1990s.	For Applicant	Marijuana	Experimental	Admitted	—	—	—
1.e	Applicant used methamphetamines from 1995 to 1999.	For Applicant	Methamphetamine	Experimental	Admitted	—	—	—
1.f	Applicant used psychotropic mushrooms from 1994 to 1996.	For Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.g	Applicant used mescaline in 1994 and 1995.	For Applicant	DMT or Other Hallucinogen	Experimental	Admitted	—	—	—
1.h	Applicant was diagnosed with drug dependence in 1998.	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.i	Applicant was hospitalized for GHB overdoses in 1998.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.j	Applicant was terminated from employment for misuse of pain medication in October 1998.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
1.k	Applicant's alcohol abuse continued to at least September 2006.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant abused prescription painkillers from July to December 2006.

Against Applicant

Prescription Opioid Misuse

Regular

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.b

Applicant used gamma hydroxybutyric acid (GHB) daily and was hospitalized twice for GHB overdoses in 1998.

For Applicant

Drug Use During Clearance

Regular

Admitted

—

1.c

Applicant used cocaine to 2000 or earlier.

For Applicant

Cocaine

Experimental

Admitted

—

1.d

Applicant used marijuana to the late 1990s.

For Applicant

Marijuana

Experimental

Admitted

—

1.e

Applicant used methamphetamines from 1995 to 1999.

For Applicant

Methamphetamine

Experimental

Admitted

—

1.f

Applicant used psychotropic mushrooms from 1994 to 1996.

For Applicant

Psilocybin

Experimental

Admitted

—

1.g

Applicant used mescaline in 1994 and 1995.

For Applicant

DMT or Other Hallucinogen

Experimental

Admitted

—

1.h

Applicant was diagnosed with drug dependence in 1998.

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.i

Applicant was hospitalized for GHB overdoses in 1998.

Against Applicant

Drug Test Failure

Not Applicable

Admitted

—

1.j

Applicant was terminated from employment for misuse of pain medication in October 1998.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

1.k

Applicant's alcohol abuse continued to at least September 2006.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Loading case…

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

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES