ISCR Case 06-08760.h1

Case Headnote

ISCR Case No. 06-08760.h1

grantedNov 30, 2006· Hon. Shari Dam· hearing

Summary

A 35-year-old claims processor was granted a security clearance despite a ten-year history of cocaine and alcohol addiction that led to significant financial issues. The Statement of Reasons raised concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement).

Specifically, the applicant admitted to illegal cocaine use from March 1995 to March 2005, escalating from occasional use to crack cocaine, and frequently drinking to intoxication as a substitute. This substance abuse led to work absences and diagnoses of cocaine and alcohol dependence during multiple treatment programs, including an inpatient stay in 2001 and an outpatient program in 2004. Her financial problems included a history of not meeting obligations, two bankruptcies in 1997 and 2004, and a $1,348 judgment from a former landlord in 2001, which was paid via wage garnishment.

The clearance was granted because the applicant achieved sobriety in March 2005 and demonstrated a sustained period of recovery. She actively participated in rehabilitation programs and support groups, and her financial problems had been under control for at least 20 months following professional credit counseling and budget establishment. These actions successfully mitigated the trustworthiness concerns related to her past drug involvement, alcohol use, and financial difficulties.

Why the Applicant Prevailed

The applicant demonstrated a sustained period of sobriety since March 2005.
She actively participated in rehabilitation programs and support groups.
The applicant established a budget and managed her finances responsibly post-recovery.

Conditions Referenced

Disqualifying

H DC 1raisedDrug Involvement
G DC 4raisedAlcohol Consumption
F DC 1raisedFinancial Considerations
F DC 3raisedFinancial Considerations
F DC 5raisedFinancial Considerations

Mitigating

H MC 1appliedDrug Involvement
G MC 3appliedAlcohol Consumption
F MC 4appliedFinancial Considerations

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
— DoD 5200.2-R, ¶ C6.1.1.1.

Procedural Posture

SOR issuedJun 14, 2006
Answer filedJun 14, 2006
Hearing heldOct 25, 2006
Decision dateNov 30, 2006

Cite For

Mitigation of Substance Abuse Issues Under Guideline H
Mitigation of Alcohol Consumption Concerns Under Guideline G
Resolution of Financial Issues Linked to Substance Abuse Under Guideline F

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 (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant has a ten-year history of not meeting her financial obligations as a result of substance abuse problems and unwillingness to pay her bills.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (e) consistent spending beyond one’s means / irresponsible spending	(d) good-faith effort to repay or otherwise resolve debts	Documented Financial Counseling
3.b	Applicant discharged debts through bankruptcy in 1997 and 2004.	For Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (e) consistent spending beyond one’s means / irresponsible spending	(d) good-faith effort to repay or otherwise resolve debts	Documented Financial Counseling
3.c	In July 2001, a former landlord obtained a $1,348 judgment against her, which was paid in 2001 through a wage garnishment. $1,348	For Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (e) consistent spending beyond one’s means / irresponsible spending	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.d	Applicant's financial problems have been under control for at least 20 months after receiving professional credit counseling and establishing a budget.	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (e) consistent spending beyond one’s means / irresponsible spending	(d) good-faith effort to repay or otherwise resolve debts	Documented Financial Counseling
3.e	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant has a ten-year history of not meeting her financial obligations as a result of substance abuse problems and unwillingness to pay her bills.

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(e) consistent spending beyond one’s means / irresponsible spending

(d) good-faith effort to repay or otherwise resolve debts

Documented

Financial Counseling

3.b

Applicant discharged debts through bankruptcy in 1997 and 2004.

For Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(e) consistent spending beyond one’s means / irresponsible spending

(d) good-faith effort to repay or otherwise resolve debts

Documented

Financial Counseling

3.c

In July 2001, a former landlord obtained a $1,348 judgment against her, which was paid in 2001 through a wage garnishment.

$1,348

For Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(e) consistent spending beyond one’s means / irresponsible spending

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.d

Applicant's financial problems have been under control for at least 20 months after receiving professional credit counseling and establishing a budget.

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(e) consistent spending beyond one’s means / irresponsible spending

(d) good-faith effort to repay or otherwise resolve debts

Documented

Financial Counseling

3.e

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol consumption that raises trustworthiness concerns.	For Applicant	Binge or Intoxication Pattern	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.b	The applicant was diagnosed with alcohol dependence by substance abuse counselors.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(d) diagnosis of alcohol use disorder by a qualified professional	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.c	The applicant has made positive changes in behavior supportive of sobriety.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol consumption that raises trustworthiness concerns.

For Applicant

Binge or Intoxication Pattern

Admitted

(d) diagnosis of alcohol use disorder by a qualified professional

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

—

2.b

The applicant was diagnosed with alcohol dependence by substance abuse counselors.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(d) diagnosis of alcohol use disorder by a qualified professional

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

—

2.c

The applicant has made positive changes in behavior supportive of sobriety.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admitted that from about March 1995 until March 2005, she illegally used cocaine with varying frequency and drank alcohol to the point of intoxication on numerous occasions, as a substitute for cocaine when she could not obtain it.	For Applicant	Cocaine	Frequent	Admitted	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.b	Initially, she used cocaine two or three times a month for stimulation, but soon became addicted to it.	For Applicant	Cocaine	Occasional	Admitted	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.c	In April 2001, she began smoking crack cocaine a couple times a month with friends, who purchased it for her.	For Applicant	Cocaine	Occasional	Admitted	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.d	Although she never used it at work, her usage affected her attendance because she usually purchased it on payday and was absent from work the following day.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	(a) any substance misuse	—	—
1.e	From November 27, 2001, to December 29, 2001, Applicant was an inpatient at a residential drug treatment where she was diagnosed as Cocaine Dependence. She relapsed while there and was terminated from the program.	For Applicant	Treatment Failure	Not Applicable	Admitted	(a) any substance misuse	—	—
1.f	On June 2, 2004, she voluntarily entered an outpatient treatment program for 28 days. She was again diagnosed as Drug Dependent, as well as Alcohol Dependent.	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(a) any substance misuse	—	—
1.g	During that period of time, she continued using cocaine from November 2004 until March 2005, at which point she decided to stop using both substances and became serious about recovery.	For Applicant	Cocaine	Regular	Admitted	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant admitted that from about March 1995 until March 2005, she illegally used cocaine with varying frequency and drank alcohol to the point of intoxication on numerous occasions, as a substitute for cocaine when she could not obtain it.

For Applicant

Cocaine

Frequent

Admitted

(a) any substance misuse

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

—

1.b

Initially, she used cocaine two or three times a month for stimulation, but soon became addicted to it.

For Applicant

Cocaine

Occasional

Admitted

(a) any substance misuse

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

—

1.c

In April 2001, she began smoking crack cocaine a couple times a month with friends, who purchased it for her.

For Applicant

Cocaine

Occasional

Admitted

(a) any substance misuse

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

—

1.d

Although she never used it at work, her usage affected her attendance because she usually purchased it on payday and was absent from work the following day.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

(a) any substance misuse

—

1.e

From November 27, 2001, to December 29, 2001, Applicant was an inpatient at a residential drug treatment where she was diagnosed as Cocaine Dependence. She relapsed while there and was terminated from the program.

For Applicant

Treatment Failure

Not Applicable

Admitted

(a) any substance misuse

—

1.f

On June 2, 2004, she voluntarily entered an outpatient treatment program for 28 days. She was again diagnosed as Drug Dependent, as well as Alcohol Dependent.

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(a) any substance misuse

—

1.g

During that period of time, she continued using cocaine from November 2004 until March 2005, at which point she decided to stop using both substances and became serious about recovery.

For Applicant

Cocaine

Regular

Admitted

(a) any substance misuse

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

—

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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