ISCR Case 01-14938.h1

Case Headnote

ISCR Case No. 01-14938.h1

grantedNov 26, 2002· Hon. Barry M. Sax· hearing

Summary

A 44-year-old defense contractor employee was granted a security clearance despite a 25-year history of alcohol consumption, including periods of excessive use. The Statement of Reasons cited his alcohol use from 1977 to October 2000, including binge drinking and intoxication. Specific allegations included voluntarily entering a substance abuse program in June 1995 during a binge, and a three-day inpatient program at Hospital A from October 1-4, 2000, for alcohol dependence. Additionally, in June 1990, after surgery for a perforated intestine, a doctor advised him to stop drinking, yet he resumed in 1995.

Disqualifying conditions under Guideline G (Alcohol Consumption) were raised, specifically G.4, G.5, and G.6. However, the judge applied mitigating conditions G.1, G.2, G.3, and G.4.

The clearance was granted because the applicant has maintained sobriety for over two years since completing rehabilitation. There were no alcohol-related incidents at work or in his private life, and he demonstrated positive behavioral changes supporting his sobriety. He attends AA meetings and received a favorable prognosis from a psychiatrist, indicating sufficient evidence of rehabilitation.

Why the Applicant Prevailed

The applicant has maintained sobriety for over two years since completing rehabilitation.
There were no alcohol-related incidents at work or in his private life.
The applicant demonstrated positive changes in behavior supportive of sobriety.

Conditions Referenced

Disqualifying

G.4raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence.
G.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment.
G.6raisedConsumption of Alcohol Subsequent to a Diagnosis of Alcoholism by a Credentialed Medical Professional.

Mitigating

G.1appliedThe Alcohol-related Incidents Do Not Constitute a Problem, Since No Such Incidents Are Alleged in the SOR or Cited in the Record.
G.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem.
G.3appliedPositive Changes in Behavior Supportive of Sobriety.
G.4appliedFollowing a Diagnosis of Alcohol Abuse or Alcohol Dependence, the Individual Has Successfully Completed Inpatient or Outpatient Rehabilitation Along with Aftercare Requirements, Participates in Meetings of Alcoholics Anonymous or Similar Organizations, 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

“A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence.”

Procedural Posture

SOR issuedJun 3, 2002
Answer filedJun 25, 2002
Hearing heldOct 8, 2002rescheduled from September 10, 2002
Decision dateNov 26, 2002

Cite For

Evidence of Successful Rehabilitation Under Guideline G
Absence of Alcohol-related Incidents as a Mitigating Factor
Importance of Favorable Prognosis From a Medical Professional in Alcohol-related Cases

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 consumed alcohol, at times to excess and to the point of intoxication, from approximately 1977 to October 2000	For Applicant	Binge or Intoxication Pattern	Denied	(b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	Applicant voluntarily entered a substance abuse (alcohol) treatment program in June 1995, when he was engaged in a binge drinking session.	For Applicant	Treatment Non Compliance	Admitted	(b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	As a result of the drinking cited in 1.b., above, Applicant voluntarily entered a three-day inpatient substance abuse (alcohol) program at Hospital A from October 1, 2000 to October 4, 2000 for a condition diagnosed, in part, as alcohol dependence.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(a) so much time has passed / so infrequent that it is unlikely to recur (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	Credited Substance Treatment Completed
1.d	In June 1990, Applicant underwent surgery for a perforated intestine and was told by a doctor that his "drinking days were over". Notwithstanding the above cited treatment and advice, Applicant began drinking alcohol again in 1995 and engaged in binge drinking.	For Applicant	Continued Use After Treatment	Admitted	(b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1977 to October 2000

For Applicant

Binge or Intoxication Pattern

Denied

(b) alcohol-related incident at work

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

—

1.b

Applicant voluntarily entered a substance abuse (alcohol) treatment program in June 1995, when he was engaged in a binge drinking session.

For Applicant

Treatment Non Compliance

Admitted

(b) alcohol-related incident at work

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

—

1.c

As a result of the drinking cited in 1.b., above, Applicant voluntarily entered a three-day inpatient substance abuse (alcohol) program at Hospital A from October 1, 2000 to October 4, 2000 for a condition diagnosed, in part, as alcohol dependence.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

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

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

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

Credited

Substance Treatment Completed

1.d

In June 1990, Applicant underwent surgery for a perforated intestine and was told by a doctor that his "drinking days were over". Notwithstanding the above cited treatment and advice, Applicant began drinking alcohol again in 1995 and engaged in binge drinking.

For Applicant

Continued Use After Treatment

Admitted

(b) alcohol-related incident at work

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

—

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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