ISCR Case 96-0882.h1

Case Headnote

ISCR Case No. 96-0882.h1

deniedJul 25, 1997· Hon. Barry M. Sax· hearing

Summary

A 42-year-old defense contractor designer sought to retain his Secret Security Clearance, but it was denied under Guideline G (Alcohol Consumption). The denial stemmed from a long history of excessive alcohol use, including two Driving While Intoxicated (DWI) arrests and multiple failed treatment attempts for alcohol abuse and dependence.

The applicant consumed alcohol to excess from approximately 1977 through at least January 1997. He was arrested for DWI in June 1993 with a blood alcohol level of .18%, resulting in a conviction, a suspended jail sentence, fines, license suspension, and mandatory attendance at an Alcohol Safety Action Program. This incident led to a five-day work suspension, as he was on duty and driving a company car. He had a prior DWI arrest before 1993.

Despite receiving treatment for Alcohol Abuse in 1993 and Alcohol Dependence in 1995, including inpatient care and aftercare counseling with recommendations for total abstinence, the applicant continued to drink. In his January 1997 response to the Statement of Reasons, he indicated an intent to continue consuming alcohol, though not daily or at work. The judge concluded that his persistent alcohol-related issues and continued consumption posed an unacceptable security risk, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant has a long history of excessive alcohol consumption, including two DWI arrests.
He failed multiple treatments for alcohol abuse and dependence, indicating a lack of rehabilitation.
The applicant continued to consume alcohol despite recommendations to abstain, demonstrating ongoing risk.

Conditions Referenced

Disqualifying

G.1raisedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
G.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Alcohol Dependence
G.4raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
G.5raisedConsumption of Alcohol, Subsequent to a Diagnosis of Alcoholism by a Credentialed Medical Professional and Following Completion of an Alcohol Rehabilitation Program

Key Rule Quoted

“A person who fails to adequately control his life in the private sector cannot expect to be awarded the level of confidence and trust required of someone seeking access to the nation's secrets.”
— Cole v. Young, 351 U.S. 536, 550 n.13 (1956)

Procedural Posture

SOR issuedDec 9, 1996
Answer filedJan 11, 1997Applicant elected to proceed without a hearing.
Hearing held—Determined on the written record.
Decision dateJul 25, 1997

Cite For

Long History of Alcohol-related Issues Impacting Security Clearance Eligibility
Failure to Demonstrate Rehabilitation From Alcohol Dependence
Ongoing Alcohol Consumption Despite Prior Treatment Recommendations

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 has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1977 through August 1996, as alleged in the SOR, and has continued to consume alcohol through at least January 11, 1997, the date of his response to the SOR.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed	—	—
1.b	Applicant was not observed at his place of employment on several Monday mornings prior to June 1993 to have the odor of alcohol on his person.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.c	Applicant was arrested on June 12, 1993 and charged with Driving While Intoxicated (DWI). He had a blood alcohol level of .18 %. He was found guilty, sentenced to serve 90 days in jail, suspended, fined $350.00, ordered to pay $46.00 court costs, had his driver's license suspended for one year and was ordered to attend an Alcohol Safety Action Program (ASAP). Prior to 1993, Applicant had been arrested once before for DWI (date unknown).	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	As a result of his 1993 DWI arrest and conviction, Applicant was suspended from work for five days in June 1993 by his employer. Applicant was on duty and driving a company rented car at the time of his arrest.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	Applicant received treatment from July 15, 1993 to October 11, 1993 at a clinic A in his state of residence. His condition was diagnosed as Alcohol Abuse. At the time, he was "beset with many problems, intoxicated, evicted from home, being divorced," and had possible suicidal thoughts. He had been drinking two six-packs or more (time frame not known). The stated short term goals in his treatment plan were for him to attend AA meetings on a regular basis and to abstain from drinking. During his treatment period, he told the clinic that he had not consumed alcohol for five and then six weeks. The stated long term goals were Applicant's continued attendance at AA and remaining "alcohol free".	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.f	Applicant received treatment on September 7, 1995 at Hospital B, for a condition diagnosed as Alcohol Dependence. Applicant then received inpatient treatment from September 7, 1995 to November 27, 1995 at a treatment center in State C, for a condition diagnosed as Alcohol Dependence. Prior to his admission to the hospital, Applicant had been "drinking all day" and "a lot all week." Applicant had been drinking "3 - 6 packs" of beer "daily" since he was "18 years old." Applicant hadn't "achieved any significant periods of sobriety in the past 22 years."	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	Applicant received treatment from September 30, 1995 to November 27, 1995 by a Licensed Mental Health Counselor for aftercare counseling for a condition diagnosed as Alcohol Dependence. The Counselor recommended that Applicant totally abstain from using alcohol.	Against Applicant	Treatment Non Compliance	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.h	Despite the repeated treatment and diagnoses of Alcohol Abuse in 1993 and Alcohol Dependence in 1995, and a recommendation that he totally abstain from consuming alcohol, Applicant has continued to drink alcohol, until at least January 1997. In his Response to the SOR in January 1997, Applicant indicated the likelihood that he was still drinking and intended to continue to drink, although not every day and not during or while at work.	Against Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed	—	—
1.i	specific text not stated in this decision	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant has consumed alcohol, at times to excess and to the point of intoxication, from approximately 1977 through August 1996, as alleged in the SOR, and has continued to consume alcohol through at least January 11, 1997, the date of his response to the SOR.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

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

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

(e) failure to follow treatment advice once diagnosed

—

1.b

Applicant was not observed at his place of employment on several Monday mornings prior to June 1993 to have the odor of alcohol on his person.

For Applicant

Unspecified Alcohol Incident

Denied

—

1.c

Applicant was arrested on June 12, 1993 and charged with Driving While Intoxicated (DWI). He had a blood alcohol level of .18 %. He was found guilty, sentenced to serve 90 days in jail, suspended, fined $350.00, ordered to pay $46.00 court costs, had his driver's license suspended for one year and was ordered to attend an Alcohol Safety Action Program (ASAP). Prior to 1993, Applicant had been arrested once before for DWI (date unknown).

Against Applicant

DUI or DWI Alcohol

Admitted

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

—

1.d

As a result of his 1993 DWI arrest and conviction, Applicant was suspended from work for five days in June 1993 by his employer. Applicant was on duty and driving a company rented car at the time of his arrest.

Against Applicant

Unspecified Alcohol Incident

Admitted

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

—

1.e

Applicant received treatment from July 15, 1993 to October 11, 1993 at a clinic A in his state of residence. His condition was diagnosed as Alcohol Abuse. At the time, he was "beset with many problems, intoxicated, evicted from home, being divorced," and had possible suicidal thoughts. He had been drinking two six-packs or more (time frame not known). The stated short term goals in his treatment plan were for him to attend AA meetings on a regular basis and to abstain from drinking. During his treatment period, he told the clinic that he had not consumed alcohol for five and then six weeks. The stated long term goals were Applicant's continued attendance at AA and remaining "alcohol free".

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.f

Applicant received treatment on September 7, 1995 at Hospital B, for a condition diagnosed as Alcohol Dependence. Applicant then received inpatient treatment from September 7, 1995 to November 27, 1995 at a treatment center in State C, for a condition diagnosed as Alcohol Dependence. Prior to his admission to the hospital, Applicant had been "drinking all day" and "a lot all week." Applicant had been drinking "3 - 6 packs" of beer "daily" since he was "18 years old." Applicant hadn't "achieved any significant periods of sobriety in the past 22 years."

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.g

Applicant received treatment from September 30, 1995 to November 27, 1995 by a Licensed Mental Health Counselor for aftercare counseling for a condition diagnosed as Alcohol Dependence. The Counselor recommended that Applicant totally abstain from using alcohol.

Against Applicant

Treatment Non Compliance

Admitted

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

—

1.h

Despite the repeated treatment and diagnoses of Alcohol Abuse in 1993 and Alcohol Dependence in 1995, and a recommendation that he totally abstain from consuming alcohol, Applicant has continued to drink alcohol, until at least January 1997. In his Response to the SOR in January 1997, Applicant indicated the likelihood that he was still drinking and intended to continue to drink, although not every day and not during or while at work.

Against Applicant

Continued Use After Treatment

Admitted

(e) failure to follow treatment advice once diagnosed

—

1.i

specific text not stated in this decision

Against Applicant

Unspecified Alcohol Incident

Unknown

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES