ISCR Case 06-20748.h1

Case Headnote

ISCR Case No. 06-20748.h1

grantedOct 25, 2007· Hon. Paul J. Mason· hearing

Summary

A 42-year-old male applicant with a history of alcohol dependence sought a security clearance under Guideline G (Alcohol Consumption). Between 1995 and 2003, he was involved in multiple alcohol-related incidents, including charges for disorderly conduct and breach of the peace, a DUI arrest on May 10, 2000, and a fine for leaving the scene of an accident involving property after consuming alcohol. He also displayed poor judgment after drinking, resulting in an accident.

Following a 2003 diagnosis of alcohol dependence, the applicant was required to attend a 6-month alcohol and drug program and voluntarily completed a 30-day inpatient treatment program. Despite approximately one relapse every six months since treatment, with the last occurring in September 2006, he has since resumed active participation in Alcoholics Anonymous and church activities. A licensed mental health counselor also evaluated his alcohol use.

The clearance was GRANTED. The decision recognized the applicant's good faith efforts to maintain sobriety, his supportive network, and his voluntary completion of an inpatient treatment program. His credible testimony and ongoing involvement in recovery programs demonstrated a commitment to long-term sobriety, leading to the application of mitigating conditions.

Why the Applicant Prevailed

The applicant demonstrated good faith efforts to maintain sobriety and a supportive network.
He voluntarily sought treatment for alcohol dependence and completed a 30-day inpatient program.
The applicant's credible testimony and ongoing participation in recovery programs indicated a commitment to long-term sobriety.

Conditions Referenced

Disqualifying

AC DC 22.a.raisedAlcohol-related Incidents Away From Work
AC DC 22.c.raisedHabitual or Binge Consumption of Alcohol
AC DC 22.d.raisedEvaluation by a Duly Qualified Medical Professional of Alcohol Abuse or Alcohol Dependence
AC DC 22.f.raisedRelapse After Diagnosis of Alcohol Abuse or Dependence and Completion of an Alcohol Rehabilitation Program

Mitigating

AC MC 23.a.rejectedSo Much Time Has Passed, or the Behavior Was so Infrequent, or It Happened Under Such Unusual Circumstances That It Is Unlikely to RecurThe applicant's one year of sobriety since September 2006 was insufficient to qualify under this condition.
AC MC 23.b.appliedAcknowledges Alcoholism or Issues of Alcohol Abuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceThe applicant acknowledged his alcohol dependence and demonstrated efforts to overcome it through participation in AA and church.

Key Rule Quoted

“Excessive alcohol consumption inevitably leads to questionable judgment and may also raise doubt about a person’s reliability and trustworthiness.”

Procedural Posture

SOR issuedMay 31, 2007
Answer filedJun 21, 2007
Hearing heldSep 12, 2007
Decision dateOct 25, 2007

Cite For

Good Faith Efforts in Recovery Under Guideline G
Impact of Supportive Relationships on Sobriety
Whole Person Concept 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
1.a	The applicant was charged with disorderly conduct and breach of the peace after drinking excessively at a non-commissioned officer’s club.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	On May 10, 2000, the applicant was arrested and charged with driving while under the influence of alcohol (DUI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	The applicant was required to attend an alcohol and drug program for 6 months as a result of the DUI charge.	For Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	The applicant was fined for leaving the scene of an accident involving property after consuming alcohol.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	The applicant displayed poor judgment after consuming alcohol, resulting in an accident.	For Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.f	The applicant enrolled in a 30-day inpatient treatment program for alcohol dependence, which he successfully completed.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	(b) acknowledges the pattern and has established modified use or abstinence	—
1.g	The applicant has had about one relapse every six months since treatment, with the last relapse occurring in September 2006.	For Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.h	The applicant has resumed participation in AA and has been actively involved in church since September 2006.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	Credited Aa or Na Attendance
1.i	The applicant was evaluated by a licensed mental health counselor regarding his alcohol use.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was charged with disorderly conduct and breach of the peace after drinking excessively at a non-commissioned officer’s club.

For Applicant

Alcohol Related Arrest

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.b

On May 10, 2000, the applicant was arrested and charged with driving while under the influence of alcohol (DUI).

For Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.c

The applicant was required to attend an alcohol and drug program for 6 months as a result of the DUI charge.

For Applicant

Treatment Non Compliance

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

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

—

1.d

The applicant was fined for leaving the scene of an accident involving property after consuming alcohol.

For Applicant

Alcohol Related Arrest

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.e

The applicant displayed poor judgment after consuming alcohol, resulting in an accident.

For Applicant

Unspecified Alcohol Incident

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.f

The applicant enrolled in a 30-day inpatient treatment program for alcohol dependence, which he successfully completed.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.g

The applicant has had about one relapse every six months since treatment, with the last relapse occurring in September 2006.

For Applicant

Continued Use After Treatment

Admitted

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

—

1.h

The applicant has resumed participation in AA and has been actively involved in church since September 2006.

For Applicant

Treatment Non Compliance

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

Credited

Aa or Na Attendance

1.i

The applicant was evaluated by a licensed mental health counselor regarding his alcohol use.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES