ISCR Case 15-06473.h1

Case Headnote

ISCR Case No. 15-06473.h1

grantedMay 19, 2017· Hon. Braden M. Murphy· hearing

Summary

This case concerns a 52-year-old male applicant seeking a public trust position, whose security clearance was granted despite a history of alcohol-related issues under Guideline G (Alcohol Consumption). The Statement of Reasons detailed a history of driving under the influence, multiple periods of alcohol treatment between 2003 and 2012, and a 2011 diagnosis of alcohol dependence. It also noted continued alcohol consumption and relapse following this diagnosis and treatment.

Disqualifying conditions related to alcohol involvement were raised, including a pattern of alcohol abuse, diagnosis of alcohol dependence, and continued use despite negative consequences. However, the judge applied several mitigating conditions.

The decision to grant the clearance was based on the applicant's demonstrated commitment to recovery. He showed a pattern of abstinence, actively participated in counseling and Alcoholics Anonymous for several years, and had not consumed alcohol since summer 2015, with his last alcohol treatment occurring in 2012. The judge found that these actions mitigated the trustworthiness concerns, leading to a granted outcome.

Why the Applicant Prevailed

The applicant demonstrated a pattern of abstinence or responsible use of alcohol.
He actively participated in counseling and Alcoholics Anonymous for several years.
The applicant's last alcohol treatment was in 2012, and he had not consumed alcohol since summer 2015.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(e)raisedEvaluation of Alcohol Abuse or Dependence
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Pattern of Abstinence
AG ¶ 23(d)appliedSuccessful Completion of Counseling and Favorable Prognosis

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedApr 20, 2016
Answer filedMay 16, 2016Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateMay 19, 2017

Cite For

Mitigation of Alcohol Involvement Concerns Under Guideline G
Pattern of Abstinence as a Mitigating Factor
Importance of Ongoing Counseling and Support in Recovery From Alcohol Dependence

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 has a history of driving under the influence of alcohol or while impaired (DUI/DWI).	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur	—
1.b	The applicant has participated in multiple periods of alcohol treatment, including inpatient and outpatient programs.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.c	The applicant has participated in outpatient alcohol treatment from October 28, 2003 to January 8, 2004.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.d	The applicant has participated in inpatient alcohol treatment from October 14 to November 8, 2005.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.e	The applicant has participated in alcohol treatment in 2007.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	The applicant has participated in inpatient alcohol treatment from March 12 to April 2009.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.g	The applicant has participated in inpatient alcohol treatment from June 17 to July 8, 2011.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.h	The applicant has participated in inpatient alcohol treatment from November 15 to December 28, 2012.	For Applicant	Treatment Non Compliance	Unknown	—	—	—
1.i	The applicant has been diagnosed with alcohol dependence in 2011.	For Applicant	Alcohol Use Disorder Diagnosed	Denied	(e) failure to follow treatment advice once diagnosed	—	—
1.j	The applicant has continued to consume alcohol despite the diagnosis of alcohol dependence.	For Applicant	Continued Use After Treatment	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.k	The applicant has relapsed after the diagnosis of alcohol dependence and completion of an alcohol rehabilitation program.	For Applicant	Treatment Non Compliance	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of driving under the influence of alcohol or while impaired (DUI/DWI).

For Applicant

DUI or DWI Alcohol

Admitted

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

(a) so much time has passed / so infrequent that it is unlikely to recur

—

1.b

The applicant has participated in multiple periods of alcohol treatment, including inpatient and outpatient programs.

For Applicant

Treatment Non Compliance

Admitted

—

1.c

The applicant has participated in outpatient alcohol treatment from October 28, 2003 to January 8, 2004.

For Applicant

Treatment Non Compliance

Admitted

—

1.d

The applicant has participated in inpatient alcohol treatment from October 14 to November 8, 2005.

For Applicant

Treatment Non Compliance

Admitted

—

1.e

The applicant has participated in alcohol treatment in 2007.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

The applicant has participated in inpatient alcohol treatment from March 12 to April 2009.

For Applicant

Treatment Non Compliance

Admitted

—

1.g

The applicant has participated in inpatient alcohol treatment from June 17 to July 8, 2011.

For Applicant

Treatment Non Compliance

Admitted

—

1.h

The applicant has participated in inpatient alcohol treatment from November 15 to December 28, 2012.

For Applicant

Treatment Non Compliance

Unknown

—

1.i

The applicant has been diagnosed with alcohol dependence in 2011.

For Applicant

Alcohol Use Disorder Diagnosed

Denied

(e) failure to follow treatment advice once diagnosed

—

1.j

The applicant has continued to consume alcohol despite the diagnosis of alcohol dependence.

For Applicant

Continued Use After Treatment

Denied

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

—

1.k

The applicant has relapsed after the diagnosis of alcohol dependence and completion of an alcohol rehabilitation program.

For Applicant

Treatment Non Compliance

Denied

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

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES