ISCR Case 10-11084.h1

Case Headnote

ISCR Case No. 10-11084.h1

grantedFeb 28, 2013· Hon. Thomas M. Crean· hearing

Summary

A 32-year-old Marine Corps veteran was granted a security clearance despite initial concerns under Guideline G (Alcohol Consumption). The Statement of Reasons cited several alcohol-related incidents, including a 2002 driving while intoxicated apprehension and a 2004 diagnosis of alcohol dependence following treatment. Further allegations noted a 2010 Veterans Affairs hospital treatment with advice to abstain, and subsequent recommendations in August and November 2011 to seek treatment for addictive behaviors and maintain abstinence due to relapse risk. The Statement of Reasons also alleged continued social drinking, sometimes to excess.

Disqualifying conditions under Guideline G were raised, specifically AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(d), AG ¶ 22(e), and AG ¶ 22(f). However, the applicant demonstrated significant rehabilitation efforts.

The security clearance was granted based on the application of mitigating conditions AG ¶ 23(a), AG ¶ 23(b), AG ¶ 23(c), and AG ¶ 23(d). The applicant voluntarily sought and completed multiple treatment programs for alcohol dependence and showed a pattern of abstinence since 2009, with only two instances of limited consumption in 2012. His strong support network and ongoing PTSD treatment also contributed to the favorable decision.

Why the Applicant Prevailed

The applicant voluntarily sought and completed multiple treatment programs for alcohol dependence.
He demonstrated a pattern of abstinence from alcohol since 2009, with only limited consumption on two occasions in 2012.
The applicant's strong support network and ongoing treatment for PTSD contributed to the judge's favorable assessment of his reliability.

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(e)raisedEvaluation of Alcohol Abuse or Dependence
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Evidence of Action Taken
AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
AG ¶ 23(d)appliedSuccessful Completion of Counseling or Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 20, 2012
Answer filedAug 31, 2012
Hearing heldJan 15, 2013
Decision dateFeb 28, 2013

Cite For

Mitigation of Alcohol Consumption Concerns Under Guideline G
Voluntary Rehabilitation Efforts as a Factor in Security Clearance Decisions
Impact of PTSD on Alcohol Consumption and Security Clearance Eligibility

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	The applicant was apprehended for driving while intoxicated in 2002.	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.b	The applicant was admitted for treatment to an alcohol treatment facility and diagnosed as alcohol dependent in 2004.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed	—	—
1.c	The applicant was treated at a Veterans Affair hospital in 2010 and advised to abstain from alcohol consumption.	For Applicant	Continued Use After Treatment	Admitted	—	—	—
1.d	The applicant received a recommendation from a psychiatrist in August 2011 to seek treatment for addictive behaviors and advised to abstain from alcohol use.	For Applicant	Continued Use After Treatment	Admitted	—	—	—
1.e	The applicant was advised in November 2011 to maintain abstinence from alcohol since social drinking placed him at risk for relapsing into alcohol dependence.	For Applicant	Continued Use After Treatment	Admitted	—	—	—
1.f	The applicant continues to drink alcohol socially, sometimes to excess.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was apprehended for driving while intoxicated in 2002.

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.b

The applicant was admitted for treatment to an alcohol treatment facility and diagnosed as alcohol dependent in 2004.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

(e) failure to follow treatment advice once diagnosed

—

1.c

The applicant was treated at a Veterans Affair hospital in 2010 and advised to abstain from alcohol consumption.

For Applicant

Continued Use After Treatment

Admitted

—

1.d

The applicant received a recommendation from a psychiatrist in August 2011 to seek treatment for addictive behaviors and advised to abstain from alcohol use.

For Applicant

Continued Use After Treatment

Admitted

—

1.e

The applicant was advised in November 2011 to maintain abstinence from alcohol since social drinking placed him at risk for relapsing into alcohol dependence.

For Applicant

Continued Use After Treatment

Admitted

—

1.f

The applicant continues to drink alcohol socially, sometimes to excess.

For Applicant

Binge or Intoxication Pattern

Admitted

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION