ISCR Case 01-02601.h1

Case Headnote

ISCR Case No. 01-02601.h1

deniedAug 3, 2001· Hon. Jerome H. Silber· hearing

Summary

A 54-year-old technical/logistical analyst was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol dependence, including four DUIs, ongoing alcohol consumption after treatment, and a delayed correction of falsified information on his SF-86.

Specifically, the applicant had a documented history of alcohol-related incidents, was diagnosed with alcohol dependence, and received outpatient treatment. However, he continued to consume alcohol post-treatment, had not achieved a significant period of abstinence, and lacked a favorable prognosis from a licensed professional, failing to demonstrate rehabilitation. Additionally, the applicant initially falsified his SF-86 by denying illegal drug use since 1991, which was considered criminal conduct.

While some mitigating conditions were considered, the denial was ultimately based on the applicant's pattern of four DUIs within 12 years, his continued alcohol consumption despite a diagnosis and treatment, and the fact that his correction of the SF-86 falsification occurred over a year and a half after the initial submission.

Why the Applicant Was Denied

The applicant has a history of four DUIs within 12 years, indicating a pattern of alcohol-related incidents.
The applicant continues to consume alcohol despite a diagnosis of alcohol dependence and previous treatment.
The applicant's correction of falsification on his SF-86 was not prompt, occurring over a year and a half after the fact.

Conditions Referenced

Disqualifying

G.1raisedAlcohol-related Incidents Away From Work
G.4raisedEvaluation of Alcohol Abuse or Alcohol Dependence
G.6raisedConsumption of Alcohol After Diagnosis of Alcoholism
E.2raisedDeliberate Omission or Concealment of Relevant Facts
J.1raisedCriminal Conduct, Regardless of Formal Charges
J.2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

G.2rejectedThe Problem Occurred a Number of Years AgoThe applicant's continued drinking indicates a current alcohol problem.
G.4rejectedSuccessful Completion of Rehabilitation and After-careThe applicant did not demonstrate solid rehabilitation without relapse.
E.3rejectedPrompt, Good-faith Efforts to Correct FalsificationThe correction was not prompt, occurring over a year and a half after the falsification.
J.1appliedCriminal Behavior Was Not RecentThe falsification occurred 2½ years ago and was considered isolated.
J.2appliedThe Crime Was an Isolated IncidentThe falsification was deemed an isolated incident.

Key Rule Quoted

“"It is difficult to see how the Board would be able to review security-clearance determinations under a preponderance of the evidence standard without departing from the 'clearly consistent with the interests of the national security' test."”
— Dept. of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJan 16, 2001
Answer filedFeb 12, 2001
Hearing heldJul 10, 2001
Decision dateAug 3, 2001

Cite For

Denial of Clearance Due to Ongoing Alcohol Consumption After Diagnosis
Impact of Delayed Correction of Falsification on Security Clearance
Consideration of Isolated Criminal Conduct in 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.b	The applicant falsified his SF-86 by denying his use of illegal drugs since 1991.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	Claimed Voluntary Disclosure Before Confrontation

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.b

The applicant falsified his SF-86 by denying his use of illegal drugs since 1991.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

—

Claimed

Voluntary Disclosure Before Confrontation

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including multiple DUIs.	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	The applicant was diagnosed with alcohol dependence by a licensed professional.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.c	The applicant received outpatient treatment for alcohol dependence.	Against Applicant	Treatment Non Compliance	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.d	The applicant has continued to consume alcohol after treatment.	Against Applicant	Continued Use After Treatment	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.e	The applicant has not abstained from alcohol for a significant period after treatment.	Against Applicant	Binge or Intoxication Pattern	Denied	(f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.f	The applicant has not received a favorable prognosis from a licensed professional.	Against Applicant	Treatment Non Compliance	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.g	The applicant has not demonstrated rehabilitation or a change in behavior regarding alcohol consumption.	Against Applicant	Treatment Non Compliance	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	—	—
1.h	The applicant's alcohol-related incidents raise security concerns.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including multiple DUIs.

Against Applicant

DUI or DWI Alcohol

Denied

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

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

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

—

1.b

The applicant was diagnosed with alcohol dependence by a licensed professional.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

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

—

1.c

The applicant received outpatient treatment for alcohol dependence.

Against Applicant

Treatment Non Compliance

Denied

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

—

1.d

The applicant has continued to consume alcohol after treatment.

Against Applicant

Continued Use After Treatment

Denied

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

—

1.e

The applicant has not abstained from alcohol for a significant period after treatment.

Against Applicant

Binge or Intoxication Pattern

Denied

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

—

1.f

The applicant has not received a favorable prognosis from a licensed professional.

Against Applicant

Treatment Non Compliance

Denied

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

—

1.g

The applicant has not demonstrated rehabilitation or a change in behavior regarding alcohol consumption.

Against Applicant

Treatment Non Compliance

Denied

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

—

1.h

The applicant's alcohol-related incidents raise security concerns.

Against Applicant

Unspecified Alcohol Incident

Denied

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

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Applicant's falsification constitutes criminal conduct (18 U.S.C. §1001).	For Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The Applicant's falsification constitutes criminal conduct (18 U.S.C. §1001).

For Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(b) pressured/coerced and unlikely to recur absent that pressure

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision