ISCR Case 07-11913.h1

Case Headnote

ISCR Case No. 07-11913.h1

deniedDec 18, 2008· Hon. Elizabeth M. Matchinski· hearing

Summary

A 39-year-old operations analyst was denied a security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol dependence. The Statement of Reasons detailed that from approximately 1997 to August 2005, the applicant consumed alcohol daily, often to intoxication one to two times per week. In August 2005, the applicant was admitted for detoxification, diagnosed with alcohol dependence, and discharged with advice to pursue aftercare, including Alcoholics Anonymous.

After about one year of abstinence, the applicant resumed drinking in 2006 and continued to consume alcohol despite the prior diagnosis. Disqualifying conditions under Guideline G, specifically AG ¶ 22(c) and AG ¶ 22(d), were raised. Mitigating conditions AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c), and AG ¶ 23(d) were considered.

Ultimately, the clearance was denied because the applicant's history of excessive consumption and diagnosed dependence, coupled with a resumption of drinking after abstinence, indicated an insufficient understanding of the alcohol issues. The lack of participation in ongoing treatment or support programs further raised concerns about potential relapse, leading to the denial.

Why the Applicant Was Denied

The applicant had a history of excessive alcohol consumption and was diagnosed with alcohol dependence.
Despite a period of abstinence, the applicant resumed drinking and did not demonstrate a clear understanding of his alcohol issues.
The applicant lacked participation in ongoing treatment or support programs, raising concerns about potential relapse.

Conditions Referenced

Disqualifying

AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)appliedDiagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 23(a)rejectedTime Passed or Infrequent Behavior Unlikely to RecurThe applicant's history of excessive drinking over several years raised concerns about current reliability.
AG ¶ 23(b)rejectedAcknowledgment of Alcohol Issues and Actions TakenThe applicant's brief period of abstinence was insufficient compared to his history of dependence.
AG ¶ 23(c)rejectedParticipation in Counseling or Treatment ProgramThe applicant was not involved in any ongoing treatment or support programs.
AG ¶ 23(d)rejectedSuccessful Completion of Counseling or RehabilitationThe applicant did not demonstrate compliance with treatment recommendations or a favorable prognosis.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 18, 2008
Answer filedJul 10, 2008
Hearing heldNov 6, 2008
Decision dateDec 18, 2008

Cite For

Evaluation of Alcohol Dependence Under Guideline G
Insufficient Evidence of Rehabilitation for Alcohol-related Issues
Importance of Ongoing Treatment and Support in Mitigating Alcohol Concerns

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	that Applicant consumed alcohol on a daily basis, including to intoxication at least once to twice each week, from about 1997 to August 2005	Against Applicant	Binge or Intoxication Pattern	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.b	that he admitted himself for detoxification to a hospital on August 8, 2005, where he was diagnosed with alcohol dependence and following treatment discharged on August 10, 2005	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.c	that on discharge he was advised to continue in aftercare and he indicated he would attend Alcoholics Anonymous (AA)	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
1.d	that after abstaining for about one year he resumed drinking alcohol in 2006	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
1.e	that he has continued to consume alcohol since 2006 despite being diagnosed as alcohol dependent	Against Applicant	Continued Use After Treatment	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

that Applicant consumed alcohol on a daily basis, including to intoxication at least once to twice each week, from about 1997 to August 2005

Against Applicant

Binge or Intoxication Pattern

Admitted

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

—

1.b

that he admitted himself for detoxification to a hospital on August 8, 2005, where he was diagnosed with alcohol dependence and following treatment discharged on August 10, 2005

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.c

that on discharge he was advised to continue in aftercare and he indicated he would attend Alcoholics Anonymous (AA)

Against Applicant

Treatment Non Compliance

Admitted

—

1.d

that after abstaining for about one year he resumed drinking alcohol in 2006

Against Applicant

Continued Use After Treatment

Admitted

—

1.e

that he has continued to consume alcohol since 2006 despite being diagnosed as alcohol dependent

Against Applicant

Continued Use After Treatment

Denied

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

—

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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