ISCR Case 01-23156.h1

Case Headnote

ISCR Case No. 01-23156.h1

deniedJun 30, 2003· Hon. Paul J. Mason· hearing

Summary

A 54-year-old security analyst was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of alcohol dependency, including an inpatient treatment program in 1989 and outpatient treatment beginning in August 1996. He was discharged from this outpatient program in January 1999 for failing to attend sessions. Also in January 1999, the applicant was terminated from employment for violating four conditions of an employment agreement related to substance abuse treatment and alcohol consumption.

The denial was primarily based on the applicant's intentional falsification of information on security forms. In March 1999, he answered "NO" to a question on his Standard Form 86 regarding adverse job terminations within the last 10 years. Furthermore, in an August 1999 sworn statement, he falsely claimed he had not consumed alcohol since 1996 and had not received any treatment or counseling since October 1996.

Despite demonstrating 28 months of sobriety and active participation in treatment, the applicant's denial of past relapses and the falsification of information on official documents undermined his credibility and trustworthiness. The decision concluded that his history of alcohol dependence and personal conduct issues raised significant concerns about his judgment, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant intentionally falsified his security clearance application by denying adverse job terminations and alcohol consumption.
The applicant's refusal to acknowledge a relapse and additional treatment undermined his credibility and trustworthiness.
The applicant's history of alcohol dependence and personal conduct issues raised significant concerns about his judgment.

Conditions Referenced

Disqualifying

G2raisedAlcohol-related Incidents at Work
G4raisedEvaluation of Alcohol Abuse or Alcohol Dependence by a Licensed Clinical Social Worker
G5raisedHabitual or Binge Consumption of Alcohol to the Point of Intoxication
G6raisedConsumption of Alcohol, Subsequent to a Diagnosis of Alcoholism
E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters

Mitigating

G1rejectedThe Alcohol-related Incidents Do Not Indicate a Pattern
G2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
G3appliedPositive Changes in Behavior Supportive of Sobriety
G4appliedFollowing Diagnosis of Alcohol Abuse or Alcohol Dependence, the Individual Has Successfully Completed Rehabilitation
E1rejectedThe Information Was Unsubstantiated or Not Pertinent
E2rejectedThe Falsification Was an Isolated Incident
E3rejectedThe Individual Made Prompt Good-faith Efforts to Correct the Falsification

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedAug 26, 2002
Answer filedSep 19, 2002
Hearing held—Decided on written record.
Decision dateJun 30, 2003

Cite For

Issues of Credibility and Trustworthiness in Security Clearance Determinations
Impact of Falsification on Security Clearance Eligibility
Consideration of Rehabilitation Efforts in the Context of Alcohol Dependence

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	On March 29, 1999, Applicant intentionally falsified his Questionnaire for National Security Positions, Standard Form 86, by answering "NO" to question 20, requiring information about adverse job terminations in the last 10 years.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.b	On August 6, 1999, Applicant intentionally provided false information in a sworn statement when he stated he had not consumed any alcohol since 1996.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.c	In the same statement, Applicant falsely indicated he had not received any treatment or counseling since his discharge from treatment in October 1996.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

On March 29, 1999, Applicant intentionally falsified his Questionnaire for National Security Positions, Standard Form 86, by answering "NO" to question 20, requiring information about adverse job terminations in the last 10 years.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

—

2.b

On August 6, 1999, Applicant intentionally provided false information in a sworn statement when he stated he had not consumed any alcohol since 1996.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.c

In the same statement, Applicant falsely indicated he had not received any treatment or counseling since his discharge from treatment in October 1996.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant completed a 28 day, in-patient treatment program in 1989.	For Applicant	Treatment Non Compliance	Admitted	(b) alcohol-related incident at work (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	On August 14, 1996, the applicant was admitted by a staff counselor to outpatient treatment for alcohol dependency.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(b) alcohol-related incident at work (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.c	On January 18, 1999, the applicant was discharged from the treatment group because he failed to attend group sessions.	For Applicant	Treatment Non Compliance	Admitted	(b) alcohol-related incident at work (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.d	On January 8, 1999, the applicant was terminated from employment for violating four conditions of the employment agreement which included: (a.) enter an outpatient substance abuse program and successfully complete three months of treatment and counseling; (b.) attend Alcoholics Anonymous (AA) meetings; (c.) have progress reported to employer's customers on a monthly basis; and (4) after working through the side effects over the weekend, the applicant would stop drinking.	For Applicant	Continued Use After Treatment	Denied	(b) alcohol-related incident at work (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant completed a 28 day, in-patient treatment program in 1989.

For Applicant

Treatment Non Compliance

Admitted

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

—

1.b

On August 14, 1996, the applicant was admitted by a staff counselor to outpatient treatment for alcohol dependency.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

—

1.c

On January 18, 1999, the applicant was discharged from the treatment group because he failed to attend group sessions.

For Applicant

Treatment Non Compliance

Admitted

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

—

1.d

On January 8, 1999, the applicant was terminated from employment for violating four conditions of the employment agreement which included: (a.) enter an outpatient substance abuse program and successfully complete three months of treatment and counseling; (b.) attend Alcoholics Anonymous (AA) meetings; (c.) have progress reported to employer's customers on a monthly basis; and (4) after working through the side effects over the weekend, the applicant would stop drinking.

For Applicant

Continued Use After Treatment

Denied

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES