ISCR Case 08-05334.h1

Case Headnote

ISCR Case No. 08-05334.h1

deniedMay 29, 2009· Hon. LeRoy F. Foreman· hearing

Summary

A 44-year-old pipe fitter was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The applicant had a history of drug and alcohol dependence, including cocaine use from 1992 to January 2007, marijuana use from 1985 to January 2005, and a single use of PCP or LSD in February 2000. He was diagnosed with alcohol dependence and cocaine abuse in 1998 after failing an employment drug screening and was treated for cocaine dependence in 2000, though he was discharged for failing to attend sessions.

Financially, the applicant filed for Chapter 7 bankruptcy in November 1999, discharging approximately $60,000 in liabilities by February 2000. While he settled an auto repossession debt, a delinquent telephone bill, and one credit card account, he still had unresolved medical bills totaling about $10,466, an additional $500 credit card account, and an $11,534 auto repossession debt. He was making monthly payments on one other medical bill.

Despite some efforts at rehabilitation, the judge found insufficient evidence of lasting change regarding substance abuse or financial stability. The denial was based on the applicant's ongoing substance abuse issues and unresolved financial obligations, indicating a lack of a clear and established pattern of abstinence from drugs and alcohol.

Why the Applicant Was Denied

The applicant had a history of drug and alcohol dependence, including recent use of cocaine and alcohol.
The applicant failed to demonstrate a clear and established pattern of abstinence from drugs and alcohol.
The applicant had unresolved financial obligations, including a Chapter 7 bankruptcy and multiple delinquent debts.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Use After Being Granted a Security Clearance
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(b)raisedIndebtedness Caused by Frivolous or Irresponsible Spending

Mitigating

AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not demonstrate intent through disassociation from drug-using associates or a signed statement of intent.
AG ¶ 23(b)rejectedAcknowledgment of Alcoholism or Issues of Alcohol AbuseThe applicant acknowledged past alcohol dependence but did not establish a pattern of abstinence.
AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant did not provide evidence of a favorable prognosis by a qualified medical professional.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
— Executive Order 10865

Procedural Posture

SOR issuedFeb 6, 2009
Answer filedFeb 26, 2009
Hearing heldApr 20, 2009
Decision date—

Cite For

Denial of Clearance Due to Ongoing Substance Abuse Issues
Impact of Unresolved Financial Obligations on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in Substance Abuse Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant filed a Chapter 7 bankruptcy petition in November 1999, listing liabilities totaling about $60,000. He received a discharge in February 2000. $60,000	Against Applicant	Bankruptcy Filing	Admitted	—	—	—
3.b	As of the date of the hearing, Applicant had settled the auto repossession debt alleged in SOR ¶ 3.b.	For Applicant	Auto Loan Debt	Admitted	—	—	—
3.c	As of the date of the hearing, Applicant had settled a delinquent telephone bill alleged in SOR ¶ 3.c.	For Applicant	Utility or Phone Debt	Admitted	—	—	—
3.d	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.e	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.f	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.g	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.h	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.i	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.j	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.k	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.l	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.m	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.n	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.o	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.p	The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved. $10,466	Against Applicant	Medical Debt	Unknown	—	—	—
3.q	As of the date of the hearing, Applicant had settled a delinquent credit card account alleged in SOR ¶ 3.q.	For Applicant	Credit Card Debt	Admitted	—	—	—
3.r	The $500 credit card account alleged in SOR ¶ 3.r is unresolved. $500	Against Applicant	Credit Card Debt	Unknown	—	—	—
3.s	As of the date of the hearing, Applicant was making monthly payments on the medical bill alleged in SOR ¶ 3.s.	For Applicant	Medical Debt	Admitted	—	—	—
3.t	The $11,534 auto repossession debt alleged in SOR ¶ 3.u is unresolved. $11,534	Against Applicant	Auto Loan Debt	Unknown	—	—	—
3.u	The $11,534 auto repossession debt alleged in SOR ¶ 3.u is unresolved. $11,534	Against Applicant	Auto Loan Debt	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant filed a Chapter 7 bankruptcy petition in November 1999, listing liabilities totaling about $60,000. He received a discharge in February 2000.

$60,000

Against Applicant

Bankruptcy Filing

Admitted

—

3.b

As of the date of the hearing, Applicant had settled the auto repossession debt alleged in SOR ¶ 3.b.

For Applicant

Auto Loan Debt

Admitted

—

3.c

As of the date of the hearing, Applicant had settled a delinquent telephone bill alleged in SOR ¶ 3.c.

For Applicant

Utility or Phone Debt

Admitted

—

3.d

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.e

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.f

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.g

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.h

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.i

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.j

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.k

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.l

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.m

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.n

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.o

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.p

The medical bills alleged in SOR ¶¶ 3.e-3.p and 3.t, totaling about $10,466, as well as the $500 credit card account alleged in ¶ 3.r, are unresolved.

$10,466

Against Applicant

Medical Debt

Unknown

—

3.q

As of the date of the hearing, Applicant had settled a delinquent credit card account alleged in SOR ¶ 3.q.

For Applicant

Credit Card Debt

Admitted

—

3.r

The $500 credit card account alleged in SOR ¶ 3.r is unresolved.

$500

Against Applicant

Credit Card Debt

Unknown

—

3.s

As of the date of the hearing, Applicant was making monthly payments on the medical bill alleged in SOR ¶ 3.s.

For Applicant

Medical Debt

Admitted

—

3.t

The $11,534 auto repossession debt alleged in SOR ¶ 3.u is unresolved.

$11,534

Against Applicant

Auto Loan Debt

Unknown

—

3.u

The $11,534 auto repossession debt alleged in SOR ¶ 3.u is unresolved.

$11,534

Against Applicant

Auto Loan Debt

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The SOR alleges Applicant used cocaine, “with varying frequency to include, at times, daily” from 1992 to January 2007.	Against Applicant	CocaineWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	The SOR alleges Applicant used marijuana with varying frequency from 1985 to January 2005.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	The SOR alleges he used PCP “and/or” LSD once in February 2000.	For Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
1.d	The SOR alleges he purchased illegal drugs on numerous occasions.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.e	The SOR alleges he used illegal drugs after being granted a security clearance in 1990.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.f	The SOR alleges he was referred to a hospital after failing an employment drug screening in June 1998 and was diagnosed with alcohol dependence and cocaine abuse.	Against Applicant	Drug Test Failure	Not Applicable	Denied	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.g	The SOR alleges he was referred to a hospital on August 9, 2000, and treated for cocaine dependence following a relapse and suicidal ideation, but he was discharged on September 9, 2000 for failing to attend prescribed treatment sessions.	Against Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The SOR alleges Applicant used cocaine, “with varying frequency to include, at times, daily” from 1992 to January 2007.

Against Applicant

CocaineWHILE CLEARED

Regular

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.b

The SOR alleges Applicant used marijuana with varying frequency from 1985 to January 2005.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.c

The SOR alleges he used PCP “and/or” LSD once in February 2000.

For Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

1.d

The SOR alleges he purchased illegal drugs on numerous occasions.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.e

The SOR alleges he used illegal drugs after being granted a security clearance in 1990.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.f

The SOR alleges he was referred to a hospital after failing an employment drug screening in June 1998 and was diagnosed with alcohol dependence and cocaine abuse.

Against Applicant

Drug Test Failure

Not Applicable

Denied

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.g

The SOR alleges he was referred to a hospital on August 9, 2000, and treated for cocaine dependence following a relapse and suicidal ideation, but he was discharged on September 9, 2000 for failing to attend prescribed treatment sessions.

Against Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION