ISCR Case 03-23727.h1

Case Headnote

ISCR Case No. 03-23727.h1

deniedJan 20, 2005· Hon. Richard A. Cefola· hearing

Summary

A 46-year-old defense contractor was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), G (Alcohol Consumption), and I (Psychological Conditions). Allegations included improper sexual behavior, primarily based on claims from over 20 years ago by the mother of a then-minor child. The applicant admitted to getting sexual gratification by brushing against the child and fantasizing about prepubescent boys.

Further concerns arose from a March 1990 arrest and guilty plea for Driving While Intoxicated (DWI). In May 2004, a clinical psychologist diagnosed the applicant with Alcohol Abuse, Generalized Anxiety Disorder, and "Dependent traits, avoidant personality features." The psychologist recommended complete abstinence from alcohol, noting it impairs judgment and information processing.

Despite the applicant's claims of greatly reduced alcohol consumption and symptom relief with medication, he continues to drink. He has not completed rehabilitation or abstained from alcohol for at least 12 months. The denial was based on the diagnosed personality disorder, which could affect judgment and reliability, and the applicant's continued alcohol consumption against professional advice, with no countervailing expert opinion on his reliability.

Why the Applicant Was Denied

The applicant has a diagnosed personality disorder that could result in defects in judgment, reliability, and stability.
The applicant continues to consume alcohol despite being advised to abstain entirely, which impairs his judgment.
There is no countervailing opinion from a credentialed mental health professional regarding the applicant's reliability.

Conditions Referenced

Disqualifying

G-1appliedAlcohol Consumption
I-1appliedEmotional, Mental, and Personality Disorders
D-1raisedSexual Behavior

Mitigating

D-2appliedSexual Behavior
G-2rejectedAlcohol ConsumptionThe applicant has not completed rehabilitation or abstained from alcohol for at least 12 months.
I-2rejectedEmotional, Mental, and Personality DisordersThe applicant has not provided sufficient evidence of rehabilitation.

Key Rule Quoted

“An individual who suffers from a mental disorder may have a defect in judgement, reliability or stability.”

Procedural Posture

SOR issuedSep 28, 2004
Answer filedOct 18, 2004
Hearing heldN/ADetermined on a written record.
Decision dateJan 20, 2005

Cite For

Disqualifying Conditions Related to Personality Disorders Under Guideline I
Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
Mitigating Conditions for Sexual Behavior Not Being Recent Under Guideline D.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	The allegations of improper Sexual Behavior are, for the most part, based on allegations by the mother of a, then, minor child, as to sexual conduct that, allegedly, occurred more than 20 years ago.	Against Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	(b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren…	—
2.a	The Applicant admits, however, getting sexual gratification by brushing up against the then, minor child.	Against Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
2.b	He further admits fantasizing about prepubescent boys and masturbating.	Against Applicant	Compulsive Sexual Behavior	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
2.c–4.b	4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

The allegations of improper Sexual Behavior are, for the most part, based on allegations by the mother of a, then, minor child, as to sexual conduct that, allegedly, occurred more than 20 years ago.

Against Applicant

Unspecified Sexual Behavior

Denied

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren…

—

2.a

The Applicant admits, however, getting sexual gratification by brushing up against the then, minor child.

Against Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

—

2.b

He further admits fantasizing about prepubescent boys and masturbating.

Against Applicant

Compulsive Sexual Behavior

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

—

2.c–4.b

4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	In March of 1990, the Applicant was arrested for, and subsequently pled guilty to, Driving While Intoxicated (DWI).	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.a	The allegations of improper Sexual Behavior are, for the most part, based on allegations by the mother of a, then, minor child, as to sexual conduct that, allegedly, occurred more than 20 years ago.	For Applicant	Questionable Judgment General	—	Denied	—	(b) omission/refusal followed advice of counsel; later cooperated fully	—
2.b	The Applicant admits, however, getting sexual gratification by brushing up against the then, minor child.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.c	He further admits fantasizing about prepubescent boys and masturbating.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.d	There is no statement from the former minor child who is now in his late 20s.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
3.b	The Applicant has also been diagnosed as suffering from alcohol abuse.	Against Applicant	Rules Violation at Workplace	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
3.a	The Applicant is suffering from a personality disorder, which, in the opinion of a credentialed mental health professional, could result in defects in judgement, reliability, and stability.	Against Applicant	Rules Violation at Workplace	—	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

In March of 1990, the Applicant was arrested for, and subsequently pled guilty to, Driving While Intoxicated (DWI).

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

2.a

The allegations of improper Sexual Behavior are, for the most part, based on allegations by the mother of a, then, minor child, as to sexual conduct that, allegedly, occurred more than 20 years ago.

For Applicant

Questionable Judgment General

—

Denied

—

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.b

The Applicant admits, however, getting sexual gratification by brushing up against the then, minor child.

For Applicant

Questionable Judgment General

—

Admitted

—

2.c

He further admits fantasizing about prepubescent boys and masturbating.

For Applicant

Questionable Judgment General

—

Admitted

—

2.d

There is no statement from the former minor child who is now in his late 20s.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

3.b

The Applicant has also been diagnosed as suffering from alcohol abuse.

Against Applicant

Rules Violation at Workplace

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

3.a

The Applicant is suffering from a personality disorder, which, in the opinion of a credentialed mental health professional, could result in defects in judgement, reliability, and stability.

Against Applicant

Rules Violation at Workplace

—

Denied

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for, and subsequently pled guilty to, Driving While Intoxicated (DWI).	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.a	In May of 2004, the Applicant was evaluated by a clinical psychologist and diagnosed as suffering from Alcohol Abuse.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.a	The applicant still consumes alcohol, and there is no countervailing opinion by a credentialed mental health professional as to his reliability.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.b	The applicant has neither completed inpatient or outpatient rehabilitation, nor abstained from alcohol for a period of at least 12 months.	Against Applicant	Treatment Non Compliance	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
4.a	The applicant has greatly reduced the amount of alcohol he consumes.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
4.b	The applicant avers that with medication, he is virtually free of most symptoms.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for, and subsequently pled guilty to, Driving While Intoxicated (DWI).

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

2.a

In May of 2004, the Applicant was evaluated by a clinical psychologist and diagnosed as suffering from Alcohol Abuse.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

3.a

The applicant still consumes alcohol, and there is no countervailing opinion by a credentialed mental health professional as to his reliability.

Against Applicant

Continued Use After Treatment

Denied

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

—

3.b

The applicant has neither completed inpatient or outpatient rehabilitation, nor abstained from alcohol for a period of at least 12 months.

Against Applicant

Treatment Non Compliance

Denied

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

—

4.a

The applicant has greatly reduced the amount of alcohol he consumes.

For Applicant

Unspecified Alcohol Incident

Admitted

—

4.b

The applicant avers that with medication, he is virtually free of most symptoms.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
1.a	In May of 2004, the Applicant was evaluated by a clinical psychologist (FORM Item 8). The Applicant was diagnosed as suffering from a Generalized Anxiety Disorder and Alcohol Abuse on Axis I, and as having "Dependent traits, avoidant personality features" on Axis II (Id at page 2).	Against Applicant	PTSD or Anxiety Diagnosed	Admitted	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…	—	—
3.a	The psychologist further opines that the Applicant "needs to stop drinking alcohol entirely as it impairs his judgment as well as his ability to process information."	Against Applicant	Treatment Non Compliance Psych	Denied	(c) voluntary or involuntary inpatient hospitalization	—	—
3.b	Although the Applicant has "greatly reduced" his alcohol consumption, he still consumes the intoxicant.	Against Applicant	Treatment Non Compliance Psych	Denied	(c) voluntary or involuntary inpatient hospitalization	—	—
4.a	The Applicant avers that "[w]ith medication, I am virtually free of most symptoms" (FORM Item 3 at page 5).	For Applicant	Unspecified Psychological Condition	Admitted	—	—	—
4.b	He further avers "I have greatly reduced the amount of alcohol I consume" (FORM Item 3 at page 6).	For Applicant	Unspecified Psychological Condition	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

1.a

In May of 2004, the Applicant was evaluated by a clinical psychologist (FORM Item 8). The Applicant was diagnosed as suffering from a Generalized Anxiety Disorder and Alcohol Abuse on Axis I, and as having "Dependent traits, avoidant personality features" on Axis II (Id at page 2).

Against Applicant

PTSD or Anxiety Diagnosed

Admitted

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

—

3.a

The psychologist further opines that the Applicant "needs to stop drinking alcohol entirely as it impairs his judgment as well as his ability to process information."

Against Applicant

Treatment Non Compliance Psych

Denied

(c) voluntary or involuntary inpatient hospitalization

—

3.b

Although the Applicant has "greatly reduced" his alcohol consumption, he still consumes the intoxicant.

Against Applicant

Treatment Non Compliance Psych

Denied

(c) voluntary or involuntary inpatient hospitalization

—

4.a

The Applicant avers that "[w]ith medication, I am virtually free of most symptoms" (FORM Item 3 at page 5).

For Applicant

Unspecified Psychological Condition

Admitted

—

4.b

He further avers "I have greatly reduced the amount of alcohol I consume" (FORM Item 3 at page 6).

For Applicant

Unspecified Psychological Condition

Admitted

—

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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