ISCR Case 08-06495.h1

Case Headnote

ISCR Case No. 08-06495.h1

grantedJul 1, 2008· Hon. LeRoy F. Foreman· hearing

Summary

A 46-year-old engineer was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) related to a history of alcohol dependence and multiple treatment relapses. Allegations included consuming alcohol to excess and intoxication from approximately 1980 to at least April 2008, and multiple periods of treatment for alcohol abuse and dependence between December 2006 and July 2007. Additionally, a DUI arrest in December 2006 resulted in a conviction.

Disqualifying conditions under Guideline G were raised, specifically AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(d), and AG ¶ 22(f). However, the applicant demonstrated significant rehabilitation efforts, leading to the application of mitigating conditions AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c), and AG ¶ 23(d).

The clearance was granted because the applicant maintained sobriety since October 2007, with only one relapse in April 2008. She established a strong support system, including her spouse and participation in Alcoholics Anonymous (AA). Furthermore, her psychiatrist provided a favorable prognosis, indicating stability in her recovery.

Why the Applicant Prevailed

The applicant maintained sobriety since October 2007, with only one relapse in April 2008.
She established a strong support system, including her spouse and participation in Alcoholics Anonymous (AA).
The applicant received a favorable prognosis from her psychiatrist, indicating stability in her recovery.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 23(a)appliedTime Has Passed Since the Last Incident
AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken
AG ¶ 23(c)notedParticipation in Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Treatment and Favorable Prognosis

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended and modified.

Procedural Posture

SOR issuedAug 18, 2009Applicant received the SOR on September 2, 2009.
Answer filedSep 23, 2009
Hearing heldFeb 17, 2010
Decision dateMay 17, 2010

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Demonstrating Rehabilitation After Multiple Treatment Relapses
Importance of a Favorable Prognosis From a Qualified Medical Professional in Security Clearance 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	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1980 to at least April 2008.	For Applicant	Binge or Intoxication Pattern	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.c	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.d	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.e	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.f	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.g	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.h	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.i	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.j	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.k	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.l	A DUI arrest in December 2006 and a subsequent conviction.	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.m	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.n	Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.	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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1980 to at least April 2008.

For Applicant

Binge or Intoxication Pattern

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

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

—

1.b

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.c

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.d

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.e

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.f

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.g

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.h

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.i

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.j

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.k

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.l

A DUI arrest in December 2006 and a subsequent conviction.

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.m

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

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

—

1.n

Multiple periods of treatment for alcohol abuse and alcohol dependence between December 2006 and July 2007.

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

(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