ISCR Case 09-06824.h1

Case Headnote

ISCR Case No. 09-06824.h1

deniedNov 28, 2011· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 54-year-old construction mechanic with 15 years of security clearance history was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant's history included multiple alcohol-related arrests, such as a June 2008 DUI and a March 2009 public disturbance involving intoxication and a fight with his wife. He also had a history of binge drinking and consuming alcohol to the point of intoxication, without completing treatment or demonstrating a clear pattern of abstinence.

Additionally, the applicant admitted to using cocaine approximately five times between the 1980s and early 2007, including after receiving a security clearance. In 2008, he was charged with illegal possession of drug paraphernalia and a small amount of marijuana after a marijuana pipe with residue was found in his vehicle.

The denial was based on the applicant's admitted alcohol and drug abuse, including cocaine use post-clearance, and his history of alcohol-related arrests. A critical factor was his failure to provide truthful answers regarding drug use on his security clearance application. Despite some recovery efforts, the judge found insufficient evidence to mitigate these security concerns.

Why the Applicant Was Denied

The applicant admitted to multiple instances of alcohol and drug abuse, including cocaine use after being granted a security clearance.
The applicant's history of arrests related to alcohol consumption raised significant concerns about his reliability and trustworthiness.
The applicant's failure to provide truthful answers on his security clearance application regarding drug use was a critical factor in the denial.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
AG ¶ 16(a)raisedDeliberate Omission or Falsification

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken to Overcome It
AG ¶ 26(b)(3)appliedAppropriate Period of Abstinence

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 5, 2011
Answer filedMay 20, 2011
Hearing heldOct 18, 2011
Decision dateNov 28, 2011

Cite For

Disqualifying Conditions Related to Alcohol and Drug Involvement Under Guidelines G and H
Issues of Personal Conduct and Reliability Under Guideline E
The Importance of Truthful Responses in Security Clearance Applications Under Guideline J

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a–3.f	6 sub-charges — specific text not stated in this decision (1 against, 5 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.f

6 sub-charges — specific text not stated in this decision (1 against, 5 for the applicant).

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for driving under the influence (DUI) in June 2008.	Against 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 (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	The applicant was involved in a public disturbance in March 2009, which included a fight with his wife while intoxicated.	Against Applicant	Public Intoxication	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.c	The applicant has a history of binge drinking and consuming alcohol to the point of intoxication.	Against 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	—	—
1.d	The applicant has not completed treatment for alcohol dependence and has not demonstrated a clear pattern of abstinence.	Against Applicant	Treatment Non Compliance	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for driving under the influence (DUI) in June 2008.

Against 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

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

—

1.b

The applicant was involved in a public disturbance in March 2009, which included a fight with his wife while intoxicated.

Against Applicant

Public Intoxication

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

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

—

1.c

The applicant has a history of binge drinking and consuming alcohol to the point of intoxication.

Against 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

—

1.d

The applicant has not completed treatment for alcohol dependence and has not demonstrated a clear pattern of abstinence.

Against Applicant

Treatment Non Compliance

Admitted

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—
2.b	Applicant used cocaine about five times between the 1980s and early 2007, including after he was granted a security clearance.	Against Applicant	CocaineWHILE CLEARED	Occasional	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	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
2.c	In 2008, Applicant was charged for illegal possession of drug paraphernalia and possession of a small amount of marijuana after a marijuana pipe with some residue was found in his vehicle.	For Applicant	Drug Possession with Intent	Not Applicable	Denied	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

2.b

Applicant used cocaine about five times between the 1980s and early 2007, including after he was granted a security clearance.

Against Applicant

CocaineWHILE CLEARED

Occasional

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

(b) acknowledges involvement; evidence of action; established abstinence

Claimed

Acknowledgment and Remorse

2.c

In 2008, Applicant was charged for illegal possession of drug paraphernalia and possession of a small amount of marijuana after a marijuana pipe with some residue was found in his vehicle.

For Applicant

Drug Possession with Intent

Not Applicable

Denied

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

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a–4.c	3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a–4.c

3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant).

Mixed

—

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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