ISCR Case 97-0049.h1

Case Headnote

ISCR Case No. 97-0049.h1

deniedSep 8, 1997· Hon. Roger C. Wesley· hearing

Summary

A 54-year-old defense contractor was denied retention of his security clearance under Guideline G (Alcohol Consumption) due to a history of alcohol dependence and ongoing risks associated with alcohol abuse. The Statement of Reasons detailed a pattern of alcohol consumption, at times to excess and intoxication, from approximately 1966 to at least June 1996. Specific incidents included consuming alcohol and being intoxicated at his place of employment (Company A) in May 1996, leading to him being driven home on one occasion. The applicant also experienced alcohol-related marriage problems.

In response to these issues, the applicant received alcohol detoxification treatment at B Hospital from June 1 to 6, 1996. Following this, he was diagnosed with alcohol dependence by Dr. C in State A on June 11, 1996. He then engaged in treatment for alcohol abuse at the D Group in State A, participating in their Level I Program from June 12 to 31, 1996, and subsequently entering the Level II Group in August 1996. However, he left the Level II program early after only one month, against recommendations to continue.

Despite 13 months of sobriety and participation in AA, the clearance was denied. The decision cited the applicant's long history of alcohol-related problems, including workplace incidents and the diagnosis of dependence. His early discontinuation from the Level II treatment program raised concerns about his commitment to recovery, and his period of sobriety and AA participation were deemed insufficient to mitigate the risks of recurrent alcohol abuse.

Why the Applicant Was Denied

The applicant had a long history of alcohol-related problems, including incidents at work and a diagnosis of alcohol dependence.
He discontinued participation in the Level II treatment program after only a few sessions, raising concerns about his commitment to recovery.
The applicant's 13 months of sobriety and AA participation were insufficient to mitigate the risks of recurrent alcohol abuse.

Conditions Referenced

Disqualifying

DC 1raisedAlcohol-related Incidents at Work
DC 3raisedDiagnosis of Alcohol Dependence
DC 4raisedHabitual or Binge Consumption of Alcohol

Mitigating

MC 3appliedPositive Changes in Behavior Supportive of Sobriety
MC 4rejectedSuccessful Completion of Rehabilitation and AbstinenceThe applicant's treatment was incomplete and lacked sufficient documentation to demonstrate full rehabilitation.

Key Rule Quoted

“A decision to grant or continue an Applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedJan 24, 1997
Answer filedApr 24, 1997Applicant elected to have his case determined on the written record.
Hearing held—
Decision dateSep 8, 1997

Cite For

Denial Based on a History of Alcohol Dependence Under Guideline G
Insufficient Evidence of Rehabilitation Despite a Period of Sobriety
Impact of Incomplete Treatment on Security Clearance Eligibility

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, at times to excess and to the point of intoxication, from about 1966 to at least June 1996.	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	—	—
1.b	The applicant consumed alcohol in about May 1996 at his place of employment (Company A).	Against Applicant	Intoxication at Work or Duty	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	The applicant was intoxicated on at least two occasions in May 1996 at his place of employment (having to be driven home on one of the occasions).	Against Applicant	Intoxication at Work or Duty	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	The applicant experienced alcohol-related marriage problems.	Against Applicant	Unspecified Alcohol Incident	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	The applicant received treatment from June 1 to 6, 1996, at B Hospital for alcohol detoxification.	For Applicant	Alcohol Related Hospitalization	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Substance Treatment Completed
1.f	The applicant was evaluated on June 11, 1996, by Dr. C of State A, and given a diagnosis of alcohol dependence.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	The applicant received treatment for alcohol abuse from June 12 to 31, 1996, at the D Group in State A, in the facility's Level I Program, before entering the Level II Group in August 1996 (attending for only one month before leaving the program early over recommendations that he remain).	Against Applicant	Treatment Non Compliance	Denied with Explanation	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1966 to at least June 1996.

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

—

1.b

The applicant consumed alcohol in about May 1996 at his place of employment (Company A).

Against Applicant

Intoxication at Work or Duty

Admitted

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

—

1.c

The applicant was intoxicated on at least two occasions in May 1996 at his place of employment (having to be driven home on one of the occasions).

Against Applicant

Intoxication at Work or Duty

Admitted

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

—

1.d

The applicant experienced alcohol-related marriage problems.

Against Applicant

Unspecified Alcohol Incident

Admitted

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

—

1.e

The applicant received treatment from June 1 to 6, 1996, at B Hospital for alcohol detoxification.

For Applicant

Alcohol Related Hospitalization

Admitted

—

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

Credited

Substance Treatment Completed

1.f

The applicant was evaluated on June 11, 1996, by Dr. C of State A, and given a diagnosis of alcohol dependence.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.g

The applicant received treatment for alcohol abuse from June 12 to 31, 1996, at the D Group in State A, in the facility's Level I Program, before entering the Level II Group in August 1996 (attending for only one month before leaving the program early over recommendations that he remain).

Against Applicant

Treatment Non Compliance

Denied with Explanation

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

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES