ISCR Case 01-05605.h1

Case Headnote

ISCR Case No. 01-05605.h1

grantedJan 4, 2002· Hon. Joseph Testan· hearing

Summary

A 59-year-old defense contractor with extensive military service was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The Statement of Reasons cited a 1997 DUI arrest, a May 1999 arrest for Battery/Domestic Violence, a diagnosis of Alcohol Dependence, and a pattern of impaired judgment due to alcohol. Additionally, there was an allegation of deliberately omitting material facts from a security questionnaire.

However, the judge found significant mitigating factors. The applicant has maintained continuous sobriety since May 1999, actively participating in Alcoholics Anonymous. He provided a favorable prognosis from a psychiatrist regarding his alcohol dependence, indicating successful rehabilitation and sustained abstinence.

Considering the "whole person concept," the applicant's long history of reliable service and good judgment, coupled with over two decades of sobriety and active recovery, led to the decision to grant his security clearance.

Why the Applicant Prevailed

The applicant has maintained sobriety since May 1999 and actively participates in Alcoholics Anonymous.
He presented evidence of a favorable prognosis from a psychiatrist regarding his alcohol dependence.
The applicant's long history of reliable service and good judgment was considered under the whole person concept.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents.
E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Dependence.
E2.A5.1.2.2raisedThe Deliberate Omission of Relevant and Material Facts From Any Personnel Security Questionnaire.

Mitigating

E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.
E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety.
E2.A7.1.3.4appliedFollowing Diagnosis of Alcohol Abuse or Alcohol Dependence, the Individual Has Successfully Completed Inpatient or Outpatient Rehabilitation Along with Aftercare Requirements, Participates Frequently in Meetings of AA, Has Abstained From Alcohol for a Period of at Least 12 Months, and Received a Favorable Prognosis by a Credentialed Medical Professional.

Key Rule Quoted

“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”
— Directive, Section E2.2.1.

Procedural Posture

SOR issuedJun 21, 2001
Answer filedJul 11, 2001
Hearing heldNovember 8 and 14, 2001
Decision dateJan 4, 2002

Cite For

Demonstrating Successful Rehabilitation From Alcohol Dependence
Consideration of Long-term Service and Reliability Under the Whole Person Concept
Impact of Alcohol on Judgment During the Time of Application Completion

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
1	The deliberate omission of relevant and material facts from any personnel security questionnaire.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

The deliberate omission of relevant and material facts from any personnel security questionnaire.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI) in 1997.	For Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	The applicant was arrested and charged with Battery/Domestic Violence in May 1999.	For Applicant	Alcohol Related Arrest	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	The applicant has been diagnosed with Alcohol Dependence.	For Applicant	Alcohol Use Disorder Diagnosed	Denied	(b) alcohol-related incident at work	—	—
1.d	The applicant has a pattern of habitual or binge consumption of alcohol to the point of impaired judgment.	For Applicant	Binge or Intoxication Pattern	Denied	(c) habitual or binge consumption to the point of impaired judgment	—	—
2.a	The alcohol-related incidents do not indicate a pattern.	For Applicant	Unspecified Alcohol Incident	Unknown	—	(a) so much time has passed / so infrequent that it is unlikely to recur	—
2.b	The problem occurred a number of years ago and there is no indication of a recent problem.	For Applicant	Unspecified Alcohol Incident	Unknown	—	(b) acknowledges the pattern and has established modified use or abstinence	—
2.c	Positive changes in behavior supportive of sobriety.	For Applicant	Unspecified Alcohol Incident	Unknown	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.d	Following diagnosis of alcohol abuse or alcohol dependence, the individual has successfully completed inpatient or outpatient rehabilitation along with aftercare requirements, participates frequently in meetings of AA, has abstained from alcohol for a period of at least 12 months, and received a favorable prognosis by a credentialed medical professional.	For Applicant	Unspecified Alcohol Incident	Unknown	—	(d) completed treatment and aftercare with established abstinence/modified use	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested and charged with Driving Under the Influence of Alcohol (DUI) in 1997.

For Applicant

DUI or DWI Alcohol

Denied

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

—

1.b

The applicant was arrested and charged with Battery/Domestic Violence in May 1999.

For Applicant

Alcohol Related Arrest

Denied

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

—

1.c

The applicant has been diagnosed with Alcohol Dependence.

For Applicant

Alcohol Use Disorder Diagnosed

Denied

(b) alcohol-related incident at work

—

1.d

The applicant has a pattern of habitual or binge consumption of alcohol to the point of impaired judgment.

For Applicant

Binge or Intoxication Pattern

Denied

(c) habitual or binge consumption to the point of impaired judgment

—

2.a

The alcohol-related incidents do not indicate a pattern.

For Applicant

Unspecified Alcohol Incident

Unknown

—

(a) so much time has passed / so infrequent that it is unlikely to recur

—

2.b

The problem occurred a number of years ago and there is no indication of a recent problem.

For Applicant

Unspecified Alcohol Incident

Unknown

—

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

—

2.c

Positive changes in behavior supportive of sobriety.

For Applicant

Unspecified Alcohol Incident

Unknown

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

2.d

Following diagnosis of alcohol abuse or alcohol dependence, the individual has successfully completed inpatient or outpatient rehabilitation along with aftercare requirements, participates frequently in meetings of AA, has abstained from alcohol for a period of at least 12 months, and received a favorable prognosis by a credentialed medical professional.

For Applicant

Unspecified Alcohol Incident

Unknown

—

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

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES