ISCR Case 04-04352.h1

Case Headnote

ISCR Case No. 04-04352.h1

deniedMay 31, 2006· Hon. Elizabeth M. Matchinski· hearing

Summary

A 25-year-old carpenter employed by a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of alcohol and drug abuse, multiple alcohol-related arrests, and a lack of candor on his security clearance application and in a sworn statement.

Specifically, the applicant had a history of alcohol abuse from approximately 1993 to at least October 2005, including arrests for minor in possession, disorderly conduct, probation violation, and operating under the influence. He was diagnosed with polysubstance dependence (alcohol and marijuana) and received inpatient and outpatient treatment between 2001 and 2002, yet continued to consume alcohol excessively.

Furthermore, the applicant deliberately falsified his September 2002 security clearance application by omitting mental health treatment, underreporting alcohol/drug offenses, and denying illegal drug involvement and alcohol-related treatment. He also falsified an August 2003 sworn statement regarding his marijuana use and other illegal drug involvement. While mitigating factors related to his drug use were considered, his ongoing alcohol consumption and repeated lack of candor ultimately led to the denial of his clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including multiple arrests for alcohol-related offenses.
He was diagnosed with polysubstance dependence and continued to consume alcohol excessively after treatment.
The applicant was not candid about his mental health treatment and drug use on his security clearance application, including falsifying a sworn statement.

Conditions Referenced

Disqualifying

G2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
H2.A8.1.1raisedDrug Involvement
E2.A5.1.1raisedPersonal Conduct
J2.A10.1.1raisedCriminal Conduct

Mitigating

H2.A8.1.3appliedSuccessful RehabilitationThe applicant has changed to a drug-free lifestyle.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the security guidelines contained in the Directive.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960).

Procedural Posture

SOR issuedApr 27, 2005
Answer filedMay 25, 2005
Hearing heldDec 6, 2005Applicant represented himself with the assistance of a union official.
Decision dateMay 31, 2006

Cite For

Denial of Clearance Due to Ongoing Alcohol Abuse Despite Past Drug Rehabilitation
Lack of Candor in Security Clearance Application as a Disqualifying Factor
Impact of Criminal Conduct on Security Clearance Eligibility

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	Deliberately falsified a September 2002 security clearance application (SF 86) by failing to disclose his outpatient treatment for depression from 1998 to 2001, and as an inpatient in January 2002; by listing only his 2001 minor in possession of malt beverage in response to the alcohol/drug offenses inquiry; and by denying any illegal drug involvement and any alcohol-related treatment or counseling in the last seven years.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Mental Health	Denied	—	—	—
3.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
3.c	Falsified material facts in an August 2003 sworn statement by claiming he had abstained from marijuana since 2001 and denying he had used any illegal drug other than marijuana, hashish, and cocaine.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
3.d–3.e	2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Deliberately falsified a September 2002 security clearance application (SF 86) by failing to disclose his outpatient treatment for depression from 1998 to 2001, and as an inpatient in January 2002; by listing only his 2001 minor in possession of malt beverage in response to the alcohol/drug offenses inquiry; and by denying any illegal drug involvement and any alcohol-related treatment or counseling in the last seven years.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Mental Health

Denied

—

3.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

3.c

Falsified material facts in an August 2003 sworn statement by claiming he had abstained from marijuana since 2001 and denying he had used any illegal drug other than marijuana, hashish, and cocaine.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

3.d–3.e

2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant). (low confidence)

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol abuse from about 1993 to at least October 2005.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	The applicant has been arrested and sentenced to fines and/or suspended jail terms for minor in possession of alcohol in 1995, 1997, June 1998, April 2000, December 2000, for disorderly conduct in April 1999, for violation of probation in February 2001, and for operating under the influence in June 2003.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.c	The applicant has been treated for diagnosed polysubstance dependence (alcohol and marijuana) from March 15, 2001 to at least June 4, 2002, with an inpatient stay in December 2001.	Against Applicant	Alcohol Use Disorder Diagnosed	Denied	—	—	—
1.d	The applicant continues to drink alcohol up to eight beers in a sitting after being diagnosed with polysubstance dependence.	Against Applicant	Binge or Intoxication Pattern	Denied	—	—	—
1.e	The applicant has attended Alcoholics Anonymous (AA) meetings twice a week for about two months and then once weekly thereafter, stopping completely by June 2005.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	The applicant has not been candid about his mental health treatment and his drug abuse on his security clearance application.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.g	The applicant falsified an August 2003 sworn statement by denying any marijuana use since April 2001.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.h	The applicant has a history of depressive illness and of alcohol abuse starting at age 12 or 13.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.i	The applicant has been a dependable and responsible worker for the defense contractor.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.j	The applicant has been financially solvent and has paid off his automobile loan.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.k	The applicant's current drinking pattern poses an unacceptable security risk given his history.	Against Applicant	Binge or Intoxication Pattern	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol abuse from about 1993 to at least October 2005.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

The applicant has been arrested and sentenced to fines and/or suspended jail terms for minor in possession of alcohol in 1995, 1997, June 1998, April 2000, December 2000, for disorderly conduct in April 1999, for violation of probation in February 2001, and for operating under the influence in June 2003.

Against Applicant

Alcohol Related Arrest

Admitted

—

1.c

The applicant has been treated for diagnosed polysubstance dependence (alcohol and marijuana) from March 15, 2001 to at least June 4, 2002, with an inpatient stay in December 2001.

Against Applicant

Alcohol Use Disorder Diagnosed

Denied

—

1.d

The applicant continues to drink alcohol up to eight beers in a sitting after being diagnosed with polysubstance dependence.

Against Applicant

Binge or Intoxication Pattern

Denied

—

1.e

The applicant has attended Alcoholics Anonymous (AA) meetings twice a week for about two months and then once weekly thereafter, stopping completely by June 2005.

For Applicant

Treatment Non Compliance

Admitted

—

1.f

The applicant has not been candid about his mental health treatment and his drug abuse on his security clearance application.

Against Applicant

Unspecified Alcohol Incident

Denied

—

1.g

The applicant falsified an August 2003 sworn statement by denying any marijuana use since April 2001.

Against Applicant

Unspecified Alcohol Incident

Denied

—

1.h

The applicant has a history of depressive illness and of alcohol abuse starting at age 12 or 13.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.i

The applicant has been a dependable and responsible worker for the defense contractor.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.j

The applicant has been financially solvent and has paid off his automobile loan.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.k

The applicant's current drinking pattern poses an unacceptable security risk given his history.

Against Applicant

Binge or Intoxication Pattern

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a–2.f	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a–2.f

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a–4.c	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a–4.c

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

Against Applicant

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES