ISCR Case 01-11646.h1

Case Headnote

ISCR Case No. 01-11646.h1

deniedDec 23, 2002· Hon. James A. Young· hearing

Summary

A 53-year-old pipe fitter was denied a security clearance due to a 15-year history of criminal conduct, excessive alcohol consumption, and illegal drug involvement, falling under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The judge determined that the applicant's history, including a five-year prison sentence for cocaine possession, and ongoing substance abuse issues, raised significant doubts about his judgment and reliability, making a clearance inconsistent with national interest.

The applicant's history included multiple alcohol-related incidents, such as arrests for driving under the influence in 1985 and being drunk in public in 1996. He was diagnosed with alcoholism, has consumed alcohol to excess, experienced blackouts, and failed to complete or comply with treatment, continuing to drink despite advice to quit. His drug involvement included arrests for cocaine possession in 1992 and 1994, with the latter charge dismissed after program completion. In 1997, he pled guilty to cocaine possession and received a five-year suspended prison sentence, conditioned on remaining drug-free and on good behavior, along with one year of supervised probation.

The denial was based on the applicant's extensive criminal conduct, including multiple drug and alcohol-related arrests, and the five-year prison sentence for cocaine possession, which statutorily barred him from receiving a clearance. Despite participation in treatment programs, the applicant continued to consume alcohol and expressed uncertainty about future drug use.

Why the Applicant Was Denied

Applicant has a 15-year history of criminal conduct, including multiple arrests for drug possession and alcohol-related offenses.
Applicant was sentenced to five years in prison for possession of cocaine, which bars him from receiving a clearance under 10 U.S.C. § 986.
Despite entering treatment programs, Applicant continues to consume alcohol and is uncertain about future drug use.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
G1raisedExcessive Alcohol Consumption
H1raisedIllegal Drug Involvement

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”

Procedural Posture

SOR issuedJan 17, 2002
Answer filedMar 5, 2002
Hearing held—Decided on written record.
Decision dateDec 23, 2002

Cite For

Disqualifying Conditions Under Guideline J Due to Criminal Conduct
Disqualifying Conditions Under Guideline G Due to Excessive Alcohol Consumption
Disqualifying Conditions Under Guideline H Due to Illegal Drug Involvement

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	The applicant has a history of alcohol-related incidents, including arrests for driving under the influence and being drunk in public.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	The applicant was diagnosed with alcoholism by a qualified medical professional.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.c	The applicant has consumed alcohol to excess and has experienced blackouts.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.d	The applicant has failed to complete or comply with treatment for alcohol use.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
2.e	The applicant continues to consume alcohol despite previous treatment and advice to quit.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including arrests for driving under the influence and being drunk in public.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.b

The applicant was diagnosed with alcoholism by a qualified medical professional.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.c

The applicant has consumed alcohol to excess and has experienced blackouts.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.d

The applicant has failed to complete or comply with treatment for alcohol use.

Against Applicant

Treatment Non Compliance

Admitted

—

2.e

The applicant continues to consume alcohol despite previous treatment and advice to quit.

Against Applicant

Continued Use After Treatment

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a–3.f	6 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a–3.f

6 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested on June 30, 1985, for driving under the influence of alcohol (DUI).	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
1.b	On September 25, 1992, he was arrested and charged with indecent exposure and possession of cocaine. The indecent exposure charge was nolle prosequi. Contrary to his plea, the judge found the evidence sufficient to convict Applicant of possession of cocaine. The judge deferred entering the finding of guilty and ordered Applicant to attend the Abuse and Lose Offender Program.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.c	Applicant was arrested on July 6, 1994, and charged with possession of cocaine. Despite his earlier arrest for a similar offense, Applicant was treated as a first offender and ordered to attend the Abuse and Lose Offender Program and to remain drug free. The charge was eventually dismissed after Applicant completed the program.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.d	On December 6, 1996, Applicant was arrested and charged with being drunk in public. He was convicted of this offense and fined.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.e	Applicant was arrested and charged with possession of marijuana and cocaine on March 21, 1997. The marijuana charge was nolle prosequi. Applicant pled guilty to possession of cocaine and was sentenced to incarceration for 5 years. The court suspended the sentence to imprisonment conditioned upon Applicant remaining drug free and on good behavior for 5 years. The court placed Applicant on one year of supervised probation.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	—	—	—
1.f	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested on June 30, 1985, for driving under the influence of alcohol (DUI).

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

1.b

On September 25, 1992, he was arrested and charged with indecent exposure and possession of cocaine. The indecent exposure charge was nolle prosequi. Contrary to his plea, the judge found the evidence sufficient to convict Applicant of possession of cocaine. The judge deferred entering the finding of guilty and ordered Applicant to attend the Abuse and Lose Offender Program.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.c

Applicant was arrested on July 6, 1994, and charged with possession of cocaine. Despite his earlier arrest for a similar offense, Applicant was treated as a first offender and ordered to attend the Abuse and Lose Offender Program and to remain drug free. The charge was eventually dismissed after Applicant completed the program.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.d

On December 6, 1996, Applicant was arrested and charged with being drunk in public. He was convicted of this offense and fined.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.e

Applicant was arrested and charged with possession of marijuana and cocaine on March 21, 1997. The marijuana charge was nolle prosequi. Applicant pled guilty to possession of cocaine and was sentenced to incarceration for 5 years. The court suspended the sentence to imprisonment conditioned upon Applicant remaining drug free and on good behavior for 5 years. The court placed Applicant on one year of supervised probation.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

—

1.f

specific text not stated in this decision

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES