ISCR Case 03-21113.h1

Case Headnote

ISCR Case No. 03-21113.h1

deniedJun 27, 2005· Hon. Paul J. Mason· hearing

Summary

A 42-year-old administrative assistant for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The applicant had a history of excessive alcohol consumption, including a diagnosis of alcohol abuse and dependence, and had resumed drinking after participating in treatment programs. This raised concerns about her ability to maintain sobriety and her prognosis for recovery.

Additionally, the applicant used marijuana in 1992 and 1998 after being granted a security clearance. More significantly, she deliberately omitted material information from her Security Clearance Application (SCA) in February 2002 regarding drug use and provided false information during a security investigation interview by stating she had not consumed alcohol after February 2003.

The denial was based on the applicant's recent alcohol consumption shortly before the hearing, indicating a lack of control, her failure to maintain a strong support network, and the deliberate falsification of information on her application and during the investigation.

Why the Applicant Was Denied

The applicant consumed alcohol shortly before the hearing, indicating a lack of control over her drinking habits.
The applicant failed to maintain a strong support network and did not utilize available resources to manage her alcohol consumption.
The applicant deliberately falsified information on her security clearance application and during the investigation.

Conditions Referenced

Disqualifying

E2.A7.1.2.5raisedExcessive Alcohol Consumption
E2.A5.1.2.2raisedDeliberate Omission or Falsification of Relevant and Material Facts
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information

Mitigating

E2.A8.1.3.3appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
E2.A7.1.3.3rejectedPositive Changes in Behavior Supportive of SobrietyThe applicant's relapse and failure to maintain sobriety undermined claims of positive changes.
E2.A5.1.3.1rejectedInformation Was Unsubstantiated or Not PertinentThe applicant's drug and alcohol history is always relevant to judgment.

Key Rule Quoted

“The proper handling of classified information is an around-the-clock responsibility.”

Procedural Posture

SOR issuedAug 24, 2004
Answer filedSep 14, 2004
Hearing heldJan 25, 2005
Decision dateJun 27, 2005

Cite For

Excessive Alcohol Consumption as a Disqualifying Factor Under Guideline G
Deliberate Falsification of Information as a Disqualifying Factor Under Guideline E
The Importance of a Support Network in Mitigating Alcohol-related Security Concerns

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
3.a	Applicant deliberately omitted material information from her SCA on February 13, 2002 when she answered "no" to question 27, requiring information concerning drug use.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.b	Applicant also intentionally falsified material facts during the security investigation by providing false information during an interview with an investigator of the Defense Security Service (DSS) by stating she had not consumed alcohol after February 2003.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.c	Applicant answered "no" to question 28, requiring information of whether the applicant has used drugs while possessing a security clearance.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately omitted material information from her SCA on February 13, 2002 when she answered "no" to question 27, requiring information concerning drug use.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.b

Applicant also intentionally falsified material facts during the security investigation by providing false information during an interview with an investigator of the Defense Security Service (DSS) by stating she had not consumed alcohol after February 2003.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

—

3.c

Applicant answered "no" to question 28, requiring information of whether the applicant has used drugs while possessing a security clearance.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of excessive alcohol consumption.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.b	The applicant was diagnosed with alcohol abuse and alcohol dependence by a credentialed medical professional.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
2.c	The applicant has participated in alcohol treatment programs.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
2.d	The applicant has consumed alcohol after completing treatment for alcohol abuse.	Against Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
2.e	The applicant has failed to maintain sobriety and has resumed drinking after treatment.	Against Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
2.f	The applicant has not demonstrated a favorable prognosis for recovery from alcohol dependence.	Against Applicant	Treatment Non Compliance	Admitted	(e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of excessive alcohol consumption.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

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

—

2.b

The applicant was diagnosed with alcohol abuse and alcohol dependence by a credentialed medical professional.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

2.c

The applicant has participated in alcohol treatment programs.

For Applicant

Treatment Non Compliance

Admitted

—

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

—

2.d

The applicant has consumed alcohol after completing treatment for alcohol abuse.

Against Applicant

Continued Use After Treatment

Admitted

(e) failure to follow treatment advice once diagnosed

—

2.e

The applicant has failed to maintain sobriety and has resumed drinking after treatment.

Against Applicant

Continued Use After Treatment

Admitted

(e) failure to follow treatment advice once diagnosed

—

2.f

The applicant has not demonstrated a favorable prognosis for recovery from alcohol dependence.

Against Applicant

Treatment Non Compliance

Admitted

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	You have used marijuana after being granted a security clearance in 1992 and 1998.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Substance Treatment Completed
1.b	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

You have used marijuana after being granted a security clearance in 1992 and 1998.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Substance Treatment Completed

1.b

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

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

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES