ISCR Case 12-00567.h1

Case Headnote

ISCR Case No. 12-00567.h1

deniedJan 9, 2013· Hon. Thomas M. Crean· hearing

Summary

A 55-year-old defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption) and Guideline I (Psychological Conditions). The applicant had a history of alcohol dependence spanning over 40 years, including alcohol abuse in the Navy in 1983 that led to discipline and treatment. Subsequent diagnoses of alcohol dependence occurred in 2008, 2011, and 2011, with multiple periods of rehabilitation and counseling between 2008 and 2011.

Specific instances included inpatient treatment in 2009, followed by stopping Antabuse medication without medical consultation. Further inpatient treatments for excessive alcohol consumption were required in 2011. Concurrently, the applicant was diagnosed with mood disorder/depression syndrome in 2008, generalized anxiety disorder in 2009, and major depressive disorder in 2011. Mental health counseling between 2009 and 2011 ended when the applicant failed to keep appointments, and continued treatment for mental health issues was not maintained.

Despite the applicant's claims of recent abstinence, the judge found insufficient evidence of rehabilitation or a change in circumstances to mitigate the security concerns. The decision highlighted the applicant's lengthy history of alcohol dependence, multiple relapses, and admitted alcohol consumption after diagnosis, which raised questions about reliability and judgment.

Why the Applicant Was Denied

The applicant has a greater than 40-year history of alcohol dependence, including multiple treatment admissions and relapses.
The applicant admitted to consuming alcohol after being diagnosed as alcohol dependent, raising questions about his reliability and judgment.
The applicant's claims of recent abstinence were deemed insufficient to demonstrate a change in circumstances or rehabilitation.

Conditions Referenced

Disqualifying

AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(b)raisedAlcohol-related Incidents at Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Dependence
AG ¶ 22(f)raisedRelapse After Diagnosis of Alcohol Dependence
AG ¶ 22(e)raisedEvaluation of Alcohol Dependence
AG ¶ 22(g)raisedPsychological Conditions

Mitigating

AG ¶ 23(b)rejectedAcknowledgment of Alcoholism and Action Taken to Overcome ItThe applicant did not establish a pattern of abstinence or sufficient evidence of action taken to overcome alcohol consumption problems.
AG ¶ 23(d)rejectedSuccessful Completion of Treatment and Favorable PrognosisThe applicant's history of relapses and continued alcohol consumption undermined claims of successful treatment.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 6, 2012
Answer filedAug 7, 2012
Hearing heldNov 14, 2012
Decision dateJan 9, 2013

Cite For

Denial of Security Clearance Due to Long-term Alcohol Dependence and Psychological Issues
Insufficient Evidence of Rehabilitation Despite Claims of Abstinence
The Importance of Demonstrating a Clear Pattern of Abstinence for Mitigating Alcohol-related Security Concerns.

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 has a greater than 40-year history of alcohol dependence.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	Applicant abused alcohol while in the Navy resulting in alcohol-related discipline and several months of treatment in 1983.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	Applicant was referred to a psychiatrist in August 2008 and received a diagnosis of alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	From September 2008 until April 2009 his excessive alcohol consumption required additional alcohol rehabilitation treatment and counseling.	For Applicant	Treatment Non Compliance	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.e	In February 2009, he was referred to an alcohol treatment center because coworkers smelled alcohol on his person and he received inpatient medication and treatment and Antabuse medication on discharge.	Against Applicant	Alcohol Related Hospitalization	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
1.f	In mid-2009, he stopped taking the Antabuse without consulting mental health providers.	For Applicant	Continued Use After Treatment	Admitted	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.g	From April 2009 until June 2011, he received mental health counseling due in part to excessive alcohol consumption.	For Applicant	Treatment Non Compliance	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.h	Despite counseling and inpatient treatment, his excessive alcohol consumption required a new inpatient treatment and a diagnosis of alcohol dependence in August-September 2011.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.i	In October 2011 excessive alcohol consumption required additional hospitalizations where he was again diagnosed as alcohol dependent.	Against Applicant	Alcohol Related Hospitalization	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work	—	—
1.j	He received treatment for excessive alcohol consumption in November 2011.	For 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

Applicant has a greater than 40-year history of alcohol dependence.

Against Applicant

Unspecified Alcohol Incident

Denied

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

—

1.b

Applicant abused alcohol while in the Navy resulting in alcohol-related discipline and several months of treatment in 1983.

Against Applicant

Unspecified Alcohol Incident

Denied

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

—

1.c

Applicant was referred to a psychiatrist in August 2008 and received a diagnosis of alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.d

From September 2008 until April 2009 his excessive alcohol consumption required additional alcohol rehabilitation treatment and counseling.

For Applicant

Treatment Non Compliance

Denied

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

—

1.e

In February 2009, he was referred to an alcohol treatment center because coworkers smelled alcohol on his person and he received inpatient medication and treatment and Antabuse medication on discharge.

Against Applicant

Alcohol Related Hospitalization

Denied

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

(b) alcohol-related incident at work

—

1.f

In mid-2009, he stopped taking the Antabuse without consulting mental health providers.

For Applicant

Continued Use After Treatment

Admitted

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

—

1.g

From April 2009 until June 2011, he received mental health counseling due in part to excessive alcohol consumption.

For Applicant

Treatment Non Compliance

Denied

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

—

1.h

Despite counseling and inpatient treatment, his excessive alcohol consumption required a new inpatient treatment and a diagnosis of alcohol dependence in August-September 2011.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.i

In October 2011 excessive alcohol consumption required additional hospitalizations where he was again diagnosed as alcohol dependent.

Against Applicant

Alcohol Related Hospitalization

Denied

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

(b) alcohol-related incident at work

—

1.j

He received treatment for excessive alcohol consumption in November 2011.

For Applicant

Treatment Non Compliance

Admitted

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
2.a	In August 2008, Applicant was diagnosed with mood disorder/depression syndrome as noted in SOR 1.c	For Applicant	Mood Disorder Diagnosed	Admitted	—	—	—
2.c	From April 2009 until June 2011, he received mental health counseling with an intake diagnosis of generalized anxiety disorder in addition to the diagnosis in SOR 1.g and the treatment ended when he failed to keep appointments with the treating doctor	Against Applicant	Treatment Non Compliance Psych	Admitted	(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…	—	—
2.d	He received inpatient treatment in August and September 2011 and received various mental health medications as noted in SOR 1.h	For Applicant	Psychiatric Hospitalization	Admitted	—	—	—
2.e	In October 2011 Applicant’s mental health required treatment with various medications and his prognosis was dependent on continued treatment which he did not continue	Against Applicant	Treatment Non Compliance Psych	Denied	(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…	—	—
2.f	He was treated in November 2011 for depression and diagnosed with major depressive disorder	For Applicant	Mood Disorder Diagnosed	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

2.a

In August 2008, Applicant was diagnosed with mood disorder/depression syndrome as noted in SOR 1.c

For Applicant

Mood Disorder Diagnosed

Admitted

—

2.c

From April 2009 until June 2011, he received mental health counseling with an intake diagnosis of generalized anxiety disorder in addition to the diagnosis in SOR 1.g and the treatment ended when he failed to keep appointments with the treating doctor

Against Applicant

Treatment Non Compliance Psych

Admitted

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

—

2.d

He received inpatient treatment in August and September 2011 and received various mental health medications as noted in SOR 1.h

For Applicant

Psychiatric Hospitalization

Admitted

—

2.e

In October 2011 Applicant’s mental health required treatment with various medications and his prognosis was dependent on continued treatment which he did not continue

Against Applicant

Treatment Non Compliance Psych

Denied

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

—

2.f

He was treated in November 2011 for depression and diagnosed with major depressive disorder

For Applicant

Mood Disorder Diagnosed

Denied

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION