ISCR Case 15-06690.h1

Case Headnote

ISCR Case No. 15-06690.h1

deniedAug 3, 2017· Hon. Richard A. Cefola· hearing

Summary

A 52-year-old retired Navy member and defense contractor was denied a security clearance under Guideline G (Alcohol Consumption) due to a documented history of alcohol dependency and multiple diagnoses. The applicant's record included a November 1987 Driving Under the Influence (DUI) conviction, which resulted in a license suspension and completion of an alcohol awareness course.

Further issues included a 28-day inpatient alcohol treatment program from May to June 1996, where he was diagnosed with alcohol dependency, leading to approximately nine years of sobriety before a relapse in 2005. In December 2009, he self-referred to a Substance Abuse and Rehabilitation Program, receiving another alcohol dependency diagnosis and a recommendation for Alcoholics Anonymous meetings, which he attended for about three weeks before another year of sobriety and subsequent relapse.

Following his Navy retirement in November 2013 and difficulties transitioning to civilian life, the applicant sought counseling and was diagnosed with alcohol dependency for a third time in February 2014. Although he has not consumed alcohol since January 2014 and participates in "Rational Recovery," the judge found insufficient evidence to mitigate the security concerns, citing a history of relapses and doubts about long-term abstinence, ultimately leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a history of alcohol dependency with multiple diagnoses and relapses.
The judge expressed doubts about the applicant's long-term abstinence from alcohol despite current remission.
The applicant's past behavior raised concerns about reliability and trustworthiness.

Conditions Referenced

Disqualifying

G.22(a)raisedAlcohol-related Incidents Away From Work
G.22(c)raisedHabitual or Binge Consumption of Alcohol
G.22(d)raisedDiagnosis of Alcohol Use Disorder
G.22(e)raisedFailure to Follow Treatment Advice
G.22(f)raisedAlcohol Consumption Not in Accordance with Treatment Recommendations

Mitigating

G.23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe judge found it too soon to determine that the applicant would not return to alcohol consumption.
G.23(b)rejectedAcknowledgment of Alcohol Use and Evidence of Actions TakenThe applicant's past relapses undermined the claim of a clear pattern of modified consumption.
G.23(d)rejectedSuccessful Completion of Treatment ProgramThe applicant's history of returning to alcohol use after treatment was a concern.

Key Rule Quoted

“Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual's reliability and trustworthiness.”

Procedural Posture

SOR issuedJun 6, 2016
Answer filedJul 14, 2016
Hearing heldDec 1, 2016
Decision dateAug 3, 2017

Cite For

Evaluation of Alcohol Dependency Under Guideline G
Consideration of Past Behavior in Security Clearance Decisions
Impact of Treatment Compliance on Security Clearance Eligibility

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	In November of 2013, Applicant retired from the Navy. He had difficulties transitioning to civilian life, which, coupled with some family issues, led Applicant to seek counseling at a mental health clinic to address his perceived depression. In February of 2014, he was diagnosed, a third time, in part, as suffering from Alcohol Dependency. He has not consumed alcohol since January of 2014, more than three years ago, and participates in a program called “Rational Recovery.”	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.b	In December of 2009, Applicant self-referred to a Substance Abuse and Rehabilitation Program. He was again diagnosed as suffering from Alcohol Dependency, and advised to attend four Alcoholics Anonymous meetings each week. He attended about “a dozen” meetings over a period of about three weeks, but did not find the meetings effective. After about a year of sobriety, Applicant began again to consume alcohol.	Against Applicant	Treatment Non Compliance	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.c	From May of 1996 to June of 1996, Applicant attended a 28-day in-patient alcohol treatment program. He was diagnosed as suffering from Alcohol Dependency. As the result of this diagnosis, Applicant stopped consuming alcohol for “about nine years.” However, in 2005, he started to again consume alcohol.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	In November of 1987, while on a break in service from the Navy, Applicant was charged with, and subsequently pled guilty to, Driving Under the Influence (DUI). As a result of this conviction, his driver’s license was suspended; and in order to get his license reinstated, Applicant completed a “two or three-day classroom-type” alcohol awareness course.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

In November of 2013, Applicant retired from the Navy. He had difficulties transitioning to civilian life, which, coupled with some family issues, led Applicant to seek counseling at a mental health clinic to address his perceived depression. In February of 2014, he was diagnosed, a third time, in part, as suffering from Alcohol Dependency. He has not consumed alcohol since January of 2014, more than three years ago, and participates in a program called “Rational Recovery.”

Against Applicant

Unspecified Alcohol Incident

Admitted

—

1.b

In December of 2009, Applicant self-referred to a Substance Abuse and Rehabilitation Program. He was again diagnosed as suffering from Alcohol Dependency, and advised to attend four Alcoholics Anonymous meetings each week. He attended about “a dozen” meetings over a period of about three weeks, but did not find the meetings effective. After about a year of sobriety, Applicant began again to consume alcohol.

Against Applicant

Treatment Non Compliance

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.c

From May of 1996 to June of 1996, Applicant attended a 28-day in-patient alcohol treatment program. He was diagnosed as suffering from Alcohol Dependency. As the result of this diagnosis, Applicant stopped consuming alcohol for “about nine years.” However, in 2005, he started to again consume alcohol.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.d

In November of 1987, while on a break in service from the Navy, Applicant was charged with, and subsequently pled guilty to, Driving Under the Influence (DUI). As a result of this conviction, his driver’s license was suspended; and in order to get his license reinstated, Applicant completed a “two or three-day classroom-type” alcohol awareness course.

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES