ISCR Case 04-09097.h1

Case Headnote

ISCR Case No. 04-09097.h1

grantedJun 29, 2006· Hon. Marc E. Curry· hearing

Summary

A 46-year-old veteran, self-identified as an alcoholic, was granted a security clearance despite concerns under Guideline G (Alcohol Consumption) and Guideline J (Criminal Conduct). These concerns stemmed from a history of alcohol abuse spanning over 25 years and a vehicular assault conviction in August 2002. The incident involved the applicant blacking out while highly intoxicated, crashing into another car, and injuring its occupants.

Following this event, the applicant initially abstained from alcohol, completed intensive counseling, and participated in Alcoholics Anonymous. However, he experienced a relapse shortly thereafter, demonstrating a fluctuating pattern of short periods of abstinence followed by longer relapses, which began to affect his family relationships by January 2001. On August 5, 2002, he engaged in a drinking binge before the vehicular assault.

The judge ultimately granted the clearance, finding that the applicant had mitigated the security concerns. This decision was based on his sustained sobriety for over four years, successful completion of an alcohol treatment program with a favorable prognosis from medical professionals, and active, leadership-level participation in Alcoholics Anonymous, including chairing meetings and organizing social events.

Why the Applicant Prevailed

The applicant has maintained sobriety for over four years since the incident.
He successfully completed an alcohol treatment program and received a favorable prognosis from medical professionals.
The applicant actively participates in Alcoholics Anonymous and has taken on a leadership role within the community.

Conditions Referenced

Disqualifying

E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
E2.A7.1.2.6raisedConsumption of Alcohol Subsequent to a Diagnosis of Alcoholism
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A7.1.3.2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety
E2.A7.1.3.4appliedSuccessful Completion of Rehabilitation and Favorable Prognosis
E2.A10.1.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.4appliedFactors Leading to the Violation Are Not Likely to Recur
E2.A10.1.3.6appliedClear Evidence of Successful Rehabilitation

Key Rule Quoted

“The issuance of the clearance is "clearly consistent with the national interest"”
— Directive, Sec. 2.3, Sec. 2.5.3, Sec. 3.2, and Sec. 4.2

Procedural Posture

SOR issuedJul 27, 2005
Answer filedAug 18, 2005
Hearing heldMar 15, 2006
Decision dateJun 29, 2006

Cite For

Mitigation of Alcohol Consumption Concerns Due to Sustained Sobriety and Treatment
Successful Rehabilitation After a History of Criminal Conduct
Active Participation in Support Groups as a Factor in Security Clearance Decisions

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 is a self-described alcoholic who abused alcohol for more than 25 years.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (e) failure to follow treatment advice once diagnosed	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	In August 2002, he blacked out at the wheel of his automobile while highly intoxicated and crashed into another car, injuring its occupants.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (e) failure to follow treatment advice once diagnosed	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	Since that incident, he has abstained from alcohol, successfully completed intensive counseling, and has been an active participant in Alcoholic's Anonymous.	For Applicant	Treatment Non Compliance	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	Documented Substance Treatment Completed
1.d	He has been evaluated by therapists and diagnosed by credentialed medical professionals with alcohol dependence.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(b) alcohol-related incident at work	—	—
1.e	His dedication to sobriety coupled with the favorable prognosis from his counselor mitigates the alcohol consumption security concern.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Rehabilitation Evidence
1.f	He relapsed shortly thereafter. Although he never drank as much as he did before the 1984 arrest, he demonstrated a fluctuating pattern of short periods of abstinence followed by long relapses.	For Applicant	Continued Use After Treatment	Admitted	(b) alcohol-related incident at work	—	—
1.g	By January 2001, it began to adversely affect his relationship with his family.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.h	On August 5, 2002, Applicant went on a drinking binge at two bars, consuming several shots of liquor and multiple beers.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (b) alcohol-related incident at work (c) habitual or binge consumption to the point of impaired judgment (e) failure to follow treatment advice once diagnosed	—	—
1.i	He has not drunk alcohol for nearly four years and has no intention of drinking alcohol again.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	Documented Abstinence Period Documented
1.j	He has been sober for four years.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	Documented Abstinence Period Documented
1.k	He attends meetings when he is out of town on business travel.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	Documented Aa or Na Attendance
1.l	He is a leader in the AA community who frequently chairs meetings and organizes AA social events.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	Documented Community Involvement

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant is a self-described alcoholic who abused alcohol for more than 25 years.

For Applicant

Binge or Intoxication Pattern

Admitted

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

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

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

—

1.b

In August 2002, he blacked out at the wheel of his automobile while highly intoxicated and crashed into another car, injuring its occupants.

For Applicant

DUI or DWI Alcohol

Admitted

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

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

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

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

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

—

1.c

Since that incident, he has abstained from alcohol, successfully completed intensive counseling, and has been an active participant in Alcoholic's Anonymous.

For Applicant

Treatment Non Compliance

Admitted

—

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

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

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

Documented

Substance Treatment Completed

1.d

He has been evaluated by therapists and diagnosed by credentialed medical professionals with alcohol dependence.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(b) alcohol-related incident at work

—

1.e

His dedication to sobriety coupled with the favorable prognosis from his counselor mitigates the alcohol consumption security concern.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

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

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

Credited

Rehabilitation Evidence

1.f

He relapsed shortly thereafter. Although he never drank as much as he did before the 1984 arrest, he demonstrated a fluctuating pattern of short periods of abstinence followed by long relapses.

For Applicant

Continued Use After Treatment

Admitted

(b) alcohol-related incident at work

—

1.g

By January 2001, it began to adversely affect his relationship with his family.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.h

On August 5, 2002, Applicant went on a drinking binge at two bars, consuming several shots of liquor and multiple beers.

For Applicant

Binge or Intoxication Pattern

Admitted

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

(b) alcohol-related incident at work

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

(e) failure to follow treatment advice once diagnosed

—

1.i

He has not drunk alcohol for nearly four years and has no intention of drinking alcohol again.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

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

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

Documented

Abstinence Period Documented

1.j

He has been sober for four years.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

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

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

Documented

Abstinence Period Documented

1.k

He attends meetings when he is out of town on business travel.

For Applicant

Unspecified Alcohol Incident

Admitted

—

Documented

Aa or Na Attendance

1.l

He is a leader in the AA community who frequently chairs meetings and organizes AA social events.

For Applicant

Unspecified Alcohol Incident

Admitted

—

Documented

Community Involvement

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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