ISCR Case 10-06799.h1

Case Headnote

ISCR Case No. 10-06799.h1

deniedJun 20, 2012· Hon. Juan J. Rivera· hearing

Summary

A 37-year-old senior analyst was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline E (Personal Conduct). The applicant had a history of alcohol abuse and dependence, including a DUI in May 2009, and had been diagnosed with alcohol abuse or dependence by medical professionals. Despite participating in multiple treatment programs and receiving ongoing psychiatric care, she experienced repeated relapses.

During the security clearance process, the applicant made false statements in a sworn statement dated July 5, 2011. Specifically, she falsely claimed she had never illegally used controlled substances and had not seen doctors or therapists for alcoholism treatment since December 2007. These false statements triggered disqualifying conditions related to deliberate omission, concealment, or falsification of relevant facts, and providing false or misleading information to government representatives.

Although mitigating conditions were considered for both guidelines, the clearance was ultimately denied. The decision cited the applicant's long history of alcohol abuse and dependence with multiple relapses, her false statements during the process, and her failure to demonstrate a sufficient pattern of sobriety or control over her alcohol dependence.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse and dependence, with multiple relapses after treatment.
She made false statements regarding her drug use and treatment history during the security clearance process.
The applicant has not demonstrated a sufficient pattern of sobriety or control over her alcohol dependence.

Conditions Referenced

Disqualifying

G.22.araisedAlcohol-related Incidents Away From Work
G.22.craisedHabitual or Binge Consumption of Alcohol
G.22.draisedDiagnosis of Alcohol Abuse or Dependence
G.22.fraisedRelapse After Diagnosis and Treatment
E.16.araisedDeliberate Omission or Falsification of Relevant Facts
E.16.braisedDeliberately Providing False or Misleading Information

Mitigating

G.23.arejectedTime Has Passed or Behavior Was InfrequentThe applicant's alcohol-related behavior is recent and frequent.
G.23.brejectedAcknowledgment of Alcoholism and Actions TakenThe applicant has not established a pattern of abstinence.
G.23.crejectedCurrent Participation in Counseling or TreatmentThe applicant continues to relapse frequently.
G.23.drejectedSuccessful Completion of Counseling or RehabilitationThe applicant has not demonstrated a clear pattern of sobriety.
E.17.arejectedCorrection of Falsification Before ConfrontationThe applicant did not correct her false statements before being confronted.
E.17.dappliedAcknowledgment of Questionable BehaviorThe applicant has acknowledged her behavior but has not mitigated the concerns.

Key Rule Quoted

“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended.

Procedural Posture

SOR issuedJan 6, 2012Amended on 02/15/2012.
Answer filedJan 28, 2012
Hearing heldMay 8, 2012Hearing transcript received on 05/14/2012.
Decision dateJun 20, 2012

Cite For

Denial of Security Clearance Due to Repeated Alcohol Relapses
False Statements During the Security Clearance Process as Disqualifying
Insufficient Evidence of Rehabilitation Under Guideline G and E.

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
2.a	In her July 5, 2011 sworn statement, Applicant made false statements when she stated: (1) “I have never illegally used any controlled substances,” and (2) “I have not seen any doctors or therapists for treatment or counseling for alcoholism since December 2007.”	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	Applicant’s false statements trigger the applicability of the following disqualifying conditions under AG ¶ 16: (a) deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities; (b) deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative; and (e) personal conduct, or concealment of information about one's conduct, that creates a vulnerability to exploitation, manipulation, or duress, such as (1) engaging in activities which, if known, may affect the person's personal, professional, or community standing.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In her July 5, 2011 sworn statement, Applicant made false statements when she stated: (1) “I have never illegally used any controlled substances,” and (2) “I have not seen any doctors or therapists for treatment or counseling for alcoholism since December 2007.”

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.b

Applicant’s false statements trigger the applicability of the following disqualifying conditions under AG ¶ 16: (a) deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities; (b) deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative; and (e) personal conduct, or concealment of information about one's conduct, that creates a vulnerability to exploitation, manipulation, or duress, such as (1) engaging in activities which, if known, may affect the person's personal, professional, or community standing.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Driving while under the influence (DUI) in May 2009.	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 (d) diagnosis of alcohol use disorder by a qualified professional (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	Habitual or binge consumption of alcohol to the point of impaired judgment.	Against Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	Diagnosis by a duly qualified medical professional of alcohol abuse or alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.e	Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.	Against Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.f	Not recovered from alcohol dependence and continues to relapse frequently.	Against Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Driving while under the influence (DUI) in May 2009.

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

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

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

—

1.b

Habitual or binge consumption of alcohol to the point of impaired judgment.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

—

1.c

Diagnosis by a duly qualified medical professional of alcohol abuse or alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.d

Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.e

Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.

Against Applicant

Continued Use After Treatment

Admitted

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

—

1.f

Not recovered from alcohol dependence and continues to relapse frequently.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

—

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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