ISCR Case 06-12901.h1

Case Headnote

ISCR Case No. 06-12901.h1

grantedDec 29, 2006· Hon. Shari Dam· hearing

Summary

A 22-year-old claims processor for a government health care benefits company was evaluated for a security clearance, facing concerns under Guidelines G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). These concerns stemmed from a history of substance abuse, including alcohol dependence and cannabis abuse, which led to ten arrests for related criminal behavior. The applicant admitted to consuming alcohol to intoxication and smoking marijuana, with his last alcohol-related incident occurring in August 2004 and marijuana use extending into early 2005 during treatment.

To mitigate these issues, the applicant participated in two substance abuse programs, successfully completing an alcohol treatment program in November 2005. He has maintained sobriety from alcohol since August 2004 and from marijuana since completing treatment in November 2005. His father corroborated his behavioral changes and absence of alcohol or drugs, and the applicant demonstrated a commitment to abstaining from future substance abuse.

Further evidence of rehabilitation included steady improvement in performance evaluations over the past two years, particularly in attendance, and his involvement in caring for his five-month-old daughter. The judge determined that the applicant had successfully mitigated the security concerns by demonstrating significant behavioral changes and sustained sobriety, ultimately granting his eligibility for assignment to a sensitive position.

Why the Applicant Prevailed

The applicant demonstrated successful rehabilitation through completion of substance abuse programs.
He has maintained sobriety from alcohol since August 2004 and from marijuana since early 2005.
The applicant's father corroborated his positive behavioral changes and commitment to a new lifestyle.

Conditions Referenced

Disqualifying

G DC 1raisedAlcohol-related Incidents Away From Work
G DC 4raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
J DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
H DC 1raisedAny Drug Abuse, Which Includes Marijuana

Mitigating

G MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
G MC 3appliedPositive Changes in Behavior Supportive of Sobriety
J MC 5appliedThere Is Clear Evidence of Successful Rehabilitation
H MC 3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future

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.”

Procedural Posture

SOR issuedAug 17, 2006
Answer filedSep 5, 2006
Hearing heldNov 29, 2006
Decision dateDec 29, 2006

Cite For

Successful Rehabilitation Under Guideline J
Mitigation of Trustworthiness Concerns Under Guidelines G and H
Impact of Personal Circumstances on Substance Abuse Issues

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	The applicant consumed alcohol on numerous occasions to the point of intoxication and smoked marijuana, resulting in ten arrests for related criminal behavior.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant was diagnosed as alcohol dependent and for cannabis abuse.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (d) diagnosis of alcohol use disorder by a qualified professional	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant participated in two substance abuse programs.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant's last alcohol-related incident occurred in August 2004, more than two years ago, and there is no evidence of any since that time.	For Applicant	Binge or Intoxication Pattern	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.e	The applicant successfully completed an alcohol treatment program in November 2005.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.f	The applicant has not participated in any form of a program supportive of sobriety since leaving treatment.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
1.g	The applicant's father corroborated the applicant's behavioral changes and the absence of alcohol or drugs.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.h	The applicant has demonstrated intent not to abuse any drugs in the future.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.i	The applicant has a five-month-old daughter and participates in her care and support.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.j	The applicant's performance evaluations over the past two years document steady improvement, particularly in the area of attendance.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.k	The applicant has not seen any alcohol or drugs since the August 2004 incident.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol on numerous occasions to the point of intoxication and smoked marijuana, resulting in ten arrests for related criminal behavior.

For Applicant

Binge or Intoxication Pattern

Admitted

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

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

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

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

—

1.b

The applicant was diagnosed as alcohol dependent and for cannabis abuse.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

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

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

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

—

1.c

The applicant participated in two substance abuse programs.

For Applicant

Treatment Non Compliance

Admitted

—

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

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

—

1.d

The applicant's last alcohol-related incident occurred in August 2004, more than two years ago, and there is no evidence of any since that time.

For Applicant

Binge or Intoxication Pattern

Admitted

—

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

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

—

1.e

The applicant successfully completed an alcohol treatment program in November 2005.

For Applicant

Treatment Non Compliance

Admitted

—

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

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

—

1.f

The applicant has not participated in any form of a program supportive of sobriety since leaving treatment.

For Applicant

Treatment Non Compliance

Admitted

—

1.g

The applicant's father corroborated the applicant's behavioral changes and the absence of alcohol or drugs.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

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

—

1.h

The applicant has demonstrated intent not to abuse any drugs in the future.

For Applicant

Unspecified Alcohol Incident

Admitted

—

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

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

—

1.i

The applicant has a five-month-old daughter and participates in her care and support.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.j

The applicant's performance evaluations over the past two years document steady improvement, particularly in the area of attendance.

For Applicant

Unspecified Alcohol Incident

Admitted

—

1.k

The applicant has not seen any alcohol or drugs since the August 2004 incident.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	The applicant used marijuana from 2002 to at least 2003, and admitted to using it three times in the early months of treatment in 2005.	For Applicant	Marijuana	Occasional	Admitted	(a) any substance misuse	(c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented
3.b	The applicant was diagnosed with cannabis abuse and alcohol dependence.	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(a) any substance misuse	(c) prescription abuse followed a prolonged illness and has since ended	Documented Rehabilitation Evidence
3.c	The applicant has not used marijuana since completing treatment in November 2005 and has demonstrated a commitment to abstaining from drug use.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

The applicant used marijuana from 2002 to at least 2003, and admitted to using it three times in the early months of treatment in 2005.

For Applicant

Marijuana

Occasional

Admitted

(a) any substance misuse

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

3.b

The applicant was diagnosed with cannabis abuse and alcohol dependence.

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(a) any substance misuse

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Rehabilitation Evidence

3.c

The applicant has not used marijuana since completing treatment in November 2005 and has demonstrated a commitment to abstaining from drug use.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.f	6 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.f

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

For Applicant

—

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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

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES