ISCR Case 11-14293.h1

Case Headnote

ISCR Case No. 11-14293.h1

grantedDec 11, 2013· Hon. Matthew E. Malone· hearing

Summary

A 30-year-old senior software developer was granted a security clearance despite initial concerns under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). The Statement of Reasons detailed a history of substance use, including illegal drug use between 2007 and May 2009, and again from April to June 2011, while holding a security clearance.

Additionally, the applicant had two DUI arrests, one in September 2005 and another in October 2010, both of which were later dismissed. He was diagnosed as opioid and alcohol dependent in June 2011 and consumed alcohol in May 2012 despite this diagnosis.

The clearance was granted because the applicant successfully mitigated these concerns. He has not used illegal drugs since June 2011 and has maintained abstinence from alcohol since May 2012, following the completion of an inpatient treatment program. The applicant demonstrated a commitment to sobriety, established a strong support system, and severed ties with individuals associated with his past substance use.

Why the Applicant Prevailed

The applicant has not used illegal drugs since June 2011 and has demonstrated a commitment to sobriety.
He completed an inpatient treatment program and has maintained abstinence from alcohol since May 2012.
The applicant has a strong support system and has severed ties with individuals associated with his past substance use.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken to Overcome Them
AG ¶ 23(d)appliedSuccessful Completion of Alcohol Counseling or Rehabilitation

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Egan, 484 U.S. at 528, 531.

Procedural Posture

SOR issuedJun 12, 2013
Answer filedJul 1, 2013
Hearing heldSep 19, 2013Applicant presented witnesses and evidence.
Decision dateDec 11, 2013

Cite For

Mitigation of Drug Involvement Under Guideline H
Mitigation of Alcohol Consumption Issues Under Guideline G
Importance of a Support System in Recovery From Substance Abuse

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
2.a	In September 2005, Applicant was arrested for driving under the influence (DUI), a charge that was later dismissed, after failing a field sobriety test.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.b	In October 2010, he was arrested and charged with DUI, a charge that was later dismissed, after driving off the road.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.c	On May 20, 2012, Applicant consumed alcohol despite having been previously diagnosed as alcohol dependent.	For Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Credited Abstinence Period Documented

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

In September 2005, Applicant was arrested for driving under the influence (DUI), a charge that was later dismissed, after failing a field sobriety test.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

2.b

In October 2010, he was arrested and charged with DUI, a charge that was later dismissed, after driving off the road.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

2.c

On May 20, 2012, Applicant consumed alcohol despite having been previously diagnosed as alcohol dependent.

For Applicant

Continued Use After Treatment

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Credited

Abstinence Period Documented

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used illegal drugs while possessing a security clearance between 2007 and May 2009, and between April 2011 and June 2011.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder (g) expressed intent to continue, or failure to commit to discontinue	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	Documented Abstinence Period Documented Documented Substance Treatment Completed Documented Severed Ties to Using Friends
1.b	Applicant was diagnosed as opioid and alcohol dependent in June 2011.	For Applicant	Drug Diagnosed DisorderWHILE CLEARED	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	Documented Abstinence Period Documented Documented Substance Treatment Completed Documented Severed Ties to Using Friends

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used illegal drugs while possessing a security clearance between 2007 and May 2009, and between April 2011 and June 2011.

For Applicant

Prescription Opioid MisuseWHILE CLEARED

Regular

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

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

(a) behavior happened long ago / infrequent / unlikely to recur

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

(d) satisfactory completion of treatment with a favorable prognosis

Documented

Abstinence Period Documented

Documented

Substance Treatment Completed

Documented

Severed Ties to Using Friends

1.b

Applicant was diagnosed as opioid and alcohol dependent in June 2011.

For Applicant

Drug Diagnosed DisorderWHILE CLEARED

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

(a) behavior happened long ago / infrequent / unlikely to recur

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

(d) satisfactory completion of treatment with a favorable prognosis

Documented

Abstinence Period Documented

Documented

Substance Treatment Completed

Documented

Severed Ties to Using Friends

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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

FOOTNOTES