ISCR Case 04-11447.h1

Case Headnote

ISCR Case No. 04-11447.h1

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

Summary

A 38-year-old shipfitter was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline G (Alcohol Consumption). The applicant had a history of alcohol abuse from 1985 to at least December 2001, including two DWI arrests in November 1997 and multiple alcohol treatments for diagnosed dependency. Although he claimed sobriety since December 2001 and attended AA meetings, the judge found his financial issues and lack of proven rehabilitation sufficient for denial.

The applicant faced significant financial delinquencies totaling over $30,000. This included $10,100 in delinquent credit card debt, $6,733 and $125 in medical debt in collection, $24,522 in child support arrears, $4,214 owed to the state, $4,833 and $618 in hospital debt in collection, and an additional $8,649 in credit card debt.

Additionally, the applicant was alleged to have falsified his January 2003 security clearance application (SF 86) by omitting one DWI arrest and several alcohol treatments. While this specific allegation of falsification was not proven, the judge ultimately denied the clearance, citing the substantial financial issues and the applicant's history of alcohol abuse as primary concerns regarding his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant has over $30,000 in delinquent debt, including child support arrears.
The applicant's personal conduct regarding alleged falsification of his security clearance application was not proven, but the financial issues were significant enough to warrant denial.
The applicant's history of alcohol abuse, despite his sobriety, raised concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol Consumption, Which Is Not Consistent with the National Interest.
F.3raisedFailure to Meet Financial Obligations.
E.2raisedDeliberate Omission of Information From a Security Clearance Application.

Mitigating

G.2.bappliedSuccessful Completion of Alcohol Rehabilitation Programs.
F.2rejectedThe Individual Has Made Efforts to Pay Off Debts and Has a Stable Job.The judge found that the financial issues were still significant despite efforts.
E.2rejectedNo Evidence of Deliberate Falsification of the Application.The judge did not find sufficient evidence to support the claim of falsification.

Key Rule Quoted

“"The security clearance decision is based on the whole person concept, which requires consideration of the applicant's conduct in the context of their entire life."”

Procedural Posture

SOR issuedAug 2, 2005
Answer filedAug 28, 2005
Hearing heldFeb 27, 2006
Decision dateJul 31, 2006

Cite For

Denial of Clearance Due to Significant Financial Issues Under Guideline F
Impact of Alcohol Abuse History on Security Clearance Under Guideline G
Consideration of Personal Conduct in Security Clearance Decisions Under Guideline E

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 falsified his January 2003 security clearance application (SF 86) by not disclosing one of his two arrests for DWI in November 1997 and omitting several of his alcohol treatments.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately falsified his January 2003 security clearance application (SF 86) by not disclosing one of his two arrests for DWI in November 1997 and omitting several of his alcohol treatments.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

3.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	$10,100 in delinquent credit card debt $10,100	For Applicant	Credit Card Debt	Denied	—	—	—
2.b	$6,733 in medical debt in collection $6,733	Against Applicant	Medical Debt	Admitted	—	—	—
2.c	$24,522 in child support $24,522	Against Applicant	Child Support Debt	Denied	—	—	—
2.d	$4,214 judgment owed to state $4,214	Against Applicant	Judgment Against Applicant	Denied	—	—	—
2.e	$125 medical debt in collection $125	Against Applicant	Medical Debt	Unknown	—	—	—
2.f	$4,833 hospital debt in collection $4,833	Against Applicant	Medical Debt	Unknown	—	—	—
2.g	$618 hospital debt in collection $618	Against Applicant	Medical Debt	Unknown	—	—	—
2.h	$4,214 judgment owed to state $4,214	Against Applicant	Judgment Against Applicant	Unknown	—	—	—
2.i	$8,649 credit card debt $8,649	Against Applicant	Credit Card Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

$10,100 in delinquent credit card debt

$10,100

For Applicant

Credit Card Debt

Denied

—

2.b

$6,733 in medical debt in collection

$6,733

Against Applicant

Medical Debt

Admitted

—

2.c

$24,522 in child support

$24,522

Against Applicant

Child Support Debt

Denied

—

2.d

$4,214 judgment owed to state

$4,214

Against Applicant

Judgment Against Applicant

Denied

—

2.e

$125 medical debt in collection

$125

Against Applicant

Medical Debt

Unknown

—

2.f

$4,833 hospital debt in collection

$4,833

Against Applicant

Medical Debt

Unknown

—

2.g

$618 hospital debt in collection

$618

Against Applicant

Medical Debt

Unknown

—

2.h

$4,214 judgment owed to state

$4,214

Against Applicant

Judgment Against Applicant

Unknown

—

2.i

$8,649 credit card debt

$8,649

Against Applicant

Credit Card Debt

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant consumed alcohol at times to intoxication, to include daily, from about 1985 to at least December 2001.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	The applicant was twice arrested for driving while intoxicated in November 1997.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.c	The applicant received alcohol treatment, including for diagnosed alcohol dependency, at several different facilities over the years from October 1997 to November 2003.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.d	The applicant was in detoxification treatment.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
1.e	The applicant has a history of depression from about age 10 when his parents divorced.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.f	The applicant had outpatient mental health counseling in December 1997 as he struggled to deal with his alcoholism and grief over the death of his mother.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.g	The applicant underwent eight days of detoxification at an alcohol treatment center from April 27, 1998 to May 4, 1998.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
1.h	The applicant was treated for diagnosed alcohol dependency at another facility.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.i	The applicant returned to treatment center A for another seven days of detoxification.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
1.j	The applicant entered a structured long-term residential treatment program for the first time.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.k	The applicant underwent detoxification treatment in a hospital's drug rehabilitation center.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
1.l	The applicant continued to drink on a daily basis to intoxication when not at the facility.	For Applicant	Continued Use After Treatment	Admitted	—	—	—
1.m	The applicant underwent another five days of detoxification in November 2000.	For Applicant	Alcohol Related Hospitalization	Admitted	—	—	—
1.n	The applicant was admitted to residential program B where he was diagnosed as alcohol dependent.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.o	The applicant was given a provisional diagnosis of alcohol dependence and cocaine dependence based on self-report of drinking.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.p	The applicant was discharged from the Life skills program into residential program B at his request for treatment of alcohol dependence.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.q	The applicant was discharged from active therapy in residential program B to a staff position of crew leader responsible for outside maintenance at the facility.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.r	The applicant has attended at least two AA meetings per week since he was readmitted to residential program B in February 2002.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.s	The applicant has been abstinent from alcohol since December 28, 2001, and has no intent to drink again.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.t	The applicant continues on Zoloft medication for his depression, which has been prescribed by his primary physician since November 2003.	For Applicant	Treatment Non Compliance	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol at times to intoxication, to include daily, from about 1985 to at least December 2001.

For Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

The applicant was twice arrested for driving while intoxicated in November 1997.

For Applicant

DUI or DWI Alcohol

Admitted

—

1.c

The applicant received alcohol treatment, including for diagnosed alcohol dependency, at several different facilities over the years from October 1997 to November 2003.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.d

The applicant was in detoxification treatment.

For Applicant

Alcohol Related Hospitalization

Admitted

—

1.e

The applicant has a history of depression from about age 10 when his parents divorced.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.f

The applicant had outpatient mental health counseling in December 1997 as he struggled to deal with his alcoholism and grief over the death of his mother.

For Applicant

Treatment Non Compliance

Admitted

—

1.g

The applicant underwent eight days of detoxification at an alcohol treatment center from April 27, 1998 to May 4, 1998.

For Applicant

Alcohol Related Hospitalization

Admitted

—

1.h

The applicant was treated for diagnosed alcohol dependency at another facility.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.i

The applicant returned to treatment center A for another seven days of detoxification.

For Applicant

Alcohol Related Hospitalization

Admitted

—

1.j

The applicant entered a structured long-term residential treatment program for the first time.

For Applicant

Treatment Non Compliance

Admitted

—

1.k

The applicant underwent detoxification treatment in a hospital's drug rehabilitation center.

For Applicant

Alcohol Related Hospitalization

Admitted

—

1.l

The applicant continued to drink on a daily basis to intoxication when not at the facility.

For Applicant

Continued Use After Treatment

Admitted

—

1.m

The applicant underwent another five days of detoxification in November 2000.

For Applicant

Alcohol Related Hospitalization

Admitted

—

1.n

The applicant was admitted to residential program B where he was diagnosed as alcohol dependent.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.o

The applicant was given a provisional diagnosis of alcohol dependence and cocaine dependence based on self-report of drinking.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.p

The applicant was discharged from the Life skills program into residential program B at his request for treatment of alcohol dependence.

For Applicant

Treatment Non Compliance

Admitted

—

1.q

The applicant was discharged from active therapy in residential program B to a staff position of crew leader responsible for outside maintenance at the facility.

For Applicant

Treatment Non Compliance

Admitted

—

1.r

The applicant has attended at least two AA meetings per week since he was readmitted to residential program B in February 2002.

For Applicant

Treatment Non Compliance

Admitted

—

1.s

The applicant has been abstinent from alcohol since December 28, 2001, and has no intent to drink again.

For Applicant

Treatment Non Compliance

Admitted

—

1.t

The applicant continues on Zoloft medication for his depression, which has been prescribed by his primary physician since November 2003.

For Applicant

Treatment Non Compliance

Admitted

—

Loading case…

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