ISCR Case 12-04903.h1

Case Headnote

ISCR Case No. 12-04903.h1

deniedJun 17, 2013· Hon. Wilford H. Ross· hearing

Summary

A 41-year-old defense contractor was denied a security clearance due to concerns under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant admitted to a history of drug use, including heroin, and alcohol abuse, along with a record of criminal conduct.

Specific allegations included an involuntary admission to a state hospital correctional facility in December 2009 for drug and alcohol treatment, where he was diagnosed with chronic and habitual substance abuse. He also received treatment for depression and alcohol abuse in 2010, with a "Fair" prognosis for recovery. The applicant admitted to purchasing and using heroin in 2010 and earlier, and was on a methadone program from 2002 to December 2009. He also received drug treatment counseling from January to July 2011, where he was diagnosed with drug abuse.

Criminal conduct included a 1990 arrest for armed robbery, assault to commit armed robbery, and conspiracy, resulting in a ten-year suspended sentence with five years probation after a Nolo Contendere plea. He was also arrested for illegally discharging a firearm in May 1996 and had two Driving Under the Influence of Alcohol arrests in June 1991 and June 1996. The judge found insufficient evidence of rehabilitation or current reliability, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to using illegal drugs, including heroin, and had a history of alcohol abuse.
The applicant failed to provide evidence of rehabilitation or a favorable prognosis from a qualified professional.
The applicant's past criminal conduct raised doubts about his judgment and reliability.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 31(a)raisedSerious Crime
AG ¶ 22(a)raisedAlcohol-related Incidents

Mitigating

AG ¶ 26(a)rejectedBehavior Infrequent or Unlikely to RecurThe applicant did not demonstrate sufficient time had passed or that behavior was unlikely to recur.
AG ¶ 32(a)appliedTime Elapsed Since Criminal BehaviorThe applicant's last arrest was over sixteen years ago, but this was insufficient to mitigate concerns.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedSep 14, 2012
Answer filedOct 3, 2012
Hearing heldFeb 19, 2013Applicant requested decision without a hearing.
Decision dateJun 17, 2013

Cite For

Insufficient Evidence of Rehabilitation Under Guideline H
Impact of Past Criminal Conduct on Security Clearance Eligibility
Consideration of Alcohol Abuse History in Security Clearance Decisions

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
3.a	Applicant admits that he was involuntarily admitted in December 2009 to a state hospital correctional facility, pursuant to state law, for drug and alcohol treatment. He was diagnosed with chronic and habitual substance abuse.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.b	Applicant admits that he received treatment for depression and alcohol abuse from a licensed mental health counselor for four months in 2010. He further admits that his prognosis for recover was termed as 'Fair.'	Against Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.c	Applicant admits that he was arrested and charged with Driving Under the Influence of Alcohol in June 1996. In his e-QIP at Section 22 he states that the charge was 'Dismissed.'	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.d	Applicant admits that he was arrested and charged with Driving Under the Influence of Alcohol in June 1991. He plead guilty, was fined and lost his drivers license. In his Answer he further states, 'I admit but someone else was driving my car and left I [thought] that was [dismissed] but I did [lose] my license.'	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.e	Applicant denied using alcohol from age 12 to the present, sometimes to the point of intoxication. He states in his Answer, 'Disagree not to point of intoxication deny some ones opinion.'	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant admits that he was involuntarily admitted in December 2009 to a state hospital correctional facility, pursuant to state law, for drug and alcohol treatment. He was diagnosed with chronic and habitual substance abuse.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

3.b

Applicant admits that he received treatment for depression and alcohol abuse from a licensed mental health counselor for four months in 2010. He further admits that his prognosis for recover was termed as 'Fair.'

Against Applicant

Treatment Non Compliance

Admitted

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

—

3.c

Applicant admits that he was arrested and charged with Driving Under the Influence of Alcohol in June 1996. In his e-QIP at Section 22 he states that the charge was 'Dismissed.'

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

3.d

Applicant admits that he was arrested and charged with Driving Under the Influence of Alcohol in June 1991. He plead guilty, was fined and lost his drivers license. In his Answer he further states, 'I admit but someone else was driving my car and left I [thought] that was [dismissed] but I did [lose] my license.'

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

3.e

Applicant denied using alcohol from age 12 to the present, sometimes to the point of intoxication. He states in his Answer, 'Disagree not to point of intoxication deny some ones opinion.'

Against Applicant

Unspecified Alcohol Incident

Denied

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits he purchased and used heroin in 2010 as well as earlier.	Against Applicant	Heroin	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	Applicant denied that he had purchased and used prescription painkillers in 2010.	For Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.c	Applicant admits that he was on a methadone program from 2002 to December 2009.	Against Applicant	Methamphetamine	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.d	Applicant admits that he received drug treatment counseling from January to July 2011 where he was diagnosed with drug abuse.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant admits he purchased and used heroin in 2010 as well as earlier.

Against Applicant

Heroin

Regular

Admitted

(a) any substance misuse

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

—

1.b

Applicant denied that he had purchased and used prescription painkillers in 2010.

For Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.c

Applicant admits that he was on a methadone program from 2002 to December 2009.

Against Applicant

Methamphetamine

Not Applicable

Admitted

(a) any substance misuse

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

—

1.d

Applicant admits that he received drug treatment counseling from January to July 2011 where he was diagnosed with drug abuse.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant admits that he was arrested in 1990 and charged with armed robbery, assault to commit armed robbery, and conspiracy. He plead Nolo Contendere and received a ten year suspended sentence with five years probation. In his Answer Applicant circled the word “conspiracy.” He went on to say, “I admit but no [weapons] were used and I was not involved with the robbery I was just in the car when they were caught.”	For Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	—	—	—
2.b	Applicant admits that he was arrested for illegally discharging a firearm in May 1996. In his Answer Applicant states, “I admit I was shootin[g] tin cans in the woods.”	For Applicant	Weapons Offense	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant admits that he was arrested in 1990 and charged with armed robbery, assault to commit armed robbery, and conspiracy. He plead Nolo Contendere and received a ten year suspended sentence with five years probation. In his Answer Applicant circled the word “conspiracy.” He went on to say, “I admit but no [weapons] were used and I was not involved with the robbery I was just in the car when they were caught.”

For Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

—

2.b

Applicant admits that he was arrested for illegally discharging a firearm in May 1996. In his Answer Applicant states, “I admit I was shootin[g] tin cans in the woods.”

For Applicant

Weapons Offense

Conduct No Charge

Admitted

—

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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