ISCR Case 97-0145.h1

Case Headnote

ISCR Case No. 97-0145.h1

deniedFeb 11, 1998· Hon. Lokey Anderson· hearing

Summary

A 40-year-old defense contractor was denied a Top Secret security clearance due to a history of drug and alcohol abuse, criminal conduct, and personal conduct issues, specifically falsification of information on security clearance applications. The applicant's substance abuse began in 1975, involving alcohol, marijuana, and cocaine, and continued until December 1995. This history included multiple alcohol-related arrests and citations, such as Driving While Intoxicated in 1976, Operating a Vehicle Under the Influence in 1982, and Driving Under the Influence in 1996. In 1984, a urinalysis for Navy Reserves induction tested positive for controlled substances, leading to a charge of Use and Possession of a Controlled Substance.

The applicant was diagnosed with "Middle Stage Alcoholism" and marijuana and cocaine abuse in May 1996, beginning treatment the same day and remaining in it. While the applicant had been alcohol-free for 15 months and drug-free for 20 months at the time of the decision, the judge found this period insufficient to demonstrate complete reform or a sustained recovery.

Additionally, the applicant provided false information on security clearance applications, including a December 1, 1986, application where he failed to list prior arrests. Although he claimed not to remember them, his responses regarding illegal drug involvement were found to be knowingly false. The judge concluded that the applicant's extensive history of substance abuse and dishonesty demonstrated poor judgment and unreliability, outweighing recent rehabilitation efforts. The clearance was therefore DENIED.

Why the Applicant Was Denied

The applicant has a long history of drug and alcohol abuse, with no mitigating conditions applicable.
The applicant provided false information on security clearance applications, violating federal law.
The applicant's recent rehabilitation efforts were insufficient to demonstrate long-term recovery from addiction.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
GraisedAlcohol Consumption
EraisedPersonal Conduct
JraisedCriminal Conduct

Key Rule Quoted

“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”

Procedural Posture

SOR issuedMar 27, 1997
Answer filedMay 14, 1997
Hearing heldAug 27, 1997
Decision dateFeb 11, 1998

Cite For

Denial Based on Extensive History of Substance Abuse Under Guideline H and G
Falsification of Information on Security Clearance Applications Under Guideline E
Criminal Conduct Related to False Statements Under Guideline J

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.–3.g.	7 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a.–3.g.

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

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	The applicant's abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.c	On February 28, 1976, the applicant was charged with Driving While Intoxicated.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.d	On September 17, 1982, the applicant was arrested for Operating a Vehicle Under the Influence of Intoxicants or Drugs.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.e	On May 22, 1996, the applicant was arrested for Driving Under the Influence of Intoxicating Liquor.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.f	The applicant was diagnosed with 'Middle Stage Alcoholism.'	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.g	The applicant began treatment on May 28, 1996, the day he was diagnosed, and currently remains in treatment.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
1.h	The applicant has been alcohol free for only fifteen months, just over a year.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
1.i	The applicant has not sufficiently demonstrated that he has completely reformed, or that he will not return to his pattern of alcohol and drug abuse in the future.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—
2.a	The applicant has a long history of alcohol addiction and drug abuse, which began in 1975 and continued, over a twenty year period, until December 1995.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	The applicant's illegal drug use was secondary to his alcohol addiction.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
2.c	The applicant has been alcohol free for only fifteen months, just over a year.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
2.d	The applicant has not been alcohol and drug free for any significant period.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—
2.e	The applicant's testimony is credible, and so is his desire and intent to remain alcohol and drug free.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
2.f	The applicant has not introduced persuasive evidence in rebuttal, explanation or mitigation that is sufficient to overcome the Government's prima facie case.	Against Applicant	Unspecified Alcohol Incident	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

The applicant's abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.

Against Applicant

Alcohol Related Arrest

Admitted

—

1.c

On February 28, 1976, the applicant was charged with Driving While Intoxicated.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.d

On September 17, 1982, the applicant was arrested for Operating a Vehicle Under the Influence of Intoxicants or Drugs.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.e

On May 22, 1996, the applicant was arrested for Driving Under the Influence of Intoxicating Liquor.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.f

The applicant was diagnosed with 'Middle Stage Alcoholism.'

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.g

The applicant began treatment on May 28, 1996, the day he was diagnosed, and currently remains in treatment.

Against Applicant

Treatment Non Compliance

Admitted

—

1.h

The applicant has been alcohol free for only fifteen months, just over a year.

Against Applicant

Continued Use After Treatment

Admitted

—

1.i

The applicant has not sufficiently demonstrated that he has completely reformed, or that he will not return to his pattern of alcohol and drug abuse in the future.

Against Applicant

Unspecified Alcohol Incident

Denied

—

2.a

The applicant has a long history of alcohol addiction and drug abuse, which began in 1975 and continued, over a twenty year period, until December 1995.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

The applicant's illegal drug use was secondary to his alcohol addiction.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

2.c

The applicant has been alcohol free for only fifteen months, just over a year.

Against Applicant

Continued Use After Treatment

Admitted

—

2.d

The applicant has not been alcohol and drug free for any significant period.

Against Applicant

Unspecified Alcohol Incident

Denied

—

2.e

The applicant's testimony is credible, and so is his desire and intent to remain alcohol and drug free.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

2.f

The applicant has not introduced persuasive evidence in rebuttal, explanation or mitigation that is sufficient to overcome the Government's prima facie case.

Against Applicant

Unspecified Alcohol Incident

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant admitted to abusing marijuana and cocaine, at times monthly, from 1977 to December 1995.	Against Applicant	Marijuana	Frequent	Admitted	—	—	—
1.b	The Applicant's illegal drug use was secondary to his alcohol addiction.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.c	Since 1993, the Applicant used marijuana at social activities about once every three to four months while drinking alcohol.	Against Applicant	Marijuana	Occasional	Admitted	—	—	—
1.d	The Applicant has also purchased marijuana.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
1.e	In 1984, the Applicant was in the process of joining the Navy Reserves, and was undergoing an induction physical, which included a urinalysis, when it turned up positive for controlled substances.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.f	The Applicant was charged with the Use and Possession of a Controlled Substance.	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	—	—	—
1.g	The Applicant contends that he was truthful when he made the statement as he did not intend on using marijuana again. He subsequently used marijuana and cocaine.	Against Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	—
1.h	As a result of his May 22, 1996, arrest for DUI, the Applicant decided to obtain an evaluation to determine the extent of his problem with controlled substances.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.i	On May 28, 1996, the Applicant was evaluated by an alcohol treatment center which diagnosed him with the disease of alcoholism, and marijuana and cocaine abuse.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
2.a	The Applicant is ineligible for clearance because he abuses illegal substances.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
2.b	The Applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
2.c	His abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
2.d	The Applicant was diagnosed with 'Middle Stage Alcoholism.'	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
2.e	The Applicant began treatment on May 28, 1996, the day he was diagnosed, and currently remains in treatment.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
2.f	The Applicant has been alcohol free for 15 months, and from illegal drugs for 20 months.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant admitted to abusing marijuana and cocaine, at times monthly, from 1977 to December 1995.

Against Applicant

Marijuana

Frequent

Admitted

—

1.b

The Applicant's illegal drug use was secondary to his alcohol addiction.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.c

Since 1993, the Applicant used marijuana at social activities about once every three to four months while drinking alcohol.

Against Applicant

Marijuana

Occasional

Admitted

—

1.d

The Applicant has also purchased marijuana.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

1.e

In 1984, the Applicant was in the process of joining the Navy Reserves, and was undergoing an induction physical, which included a urinalysis, when it turned up positive for controlled substances.

Against Applicant

Drug Test Failure

Not Applicable

Admitted

—

1.f

The Applicant was charged with the Use and Possession of a Controlled Substance.

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

—

1.g

The Applicant contends that he was truthful when he made the statement as he did not intend on using marijuana again. He subsequently used marijuana and cocaine.

Against Applicant

Stated Intent to Use Again

Not Applicable

Denied

—

1.h

As a result of his May 22, 1996, arrest for DUI, the Applicant decided to obtain an evaluation to determine the extent of his problem with controlled substances.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.i

On May 28, 1996, the Applicant was evaluated by an alcohol treatment center which diagnosed him with the disease of alcoholism, and marijuana and cocaine abuse.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

2.a

The Applicant is ineligible for clearance because he abuses illegal substances.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

2.b

The Applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

2.c

His abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

2.d

The Applicant was diagnosed with 'Middle Stage Alcoholism.'

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

2.e

The Applicant began treatment on May 28, 1996, the day he was diagnosed, and currently remains in treatment.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

2.f

The Applicant has been alcohol free for 15 months, and from illegal drugs for 20 months.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Government alleges that the Applicant is ineligible for clearance because he abuses illegal substances.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.b	The Applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.c	The Applicant has also purchased marijuana.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.d	The Applicant was charged with the Use and Possession of a Controlled Substance.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
1.e	The Applicant was arrested for Driving Under the Influence of Intoxicating Liquor.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.f	The Applicant was arrested for Operating a Vehicle Under the Influence of Intoxicants or Drugs.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.g	The Applicant was arrested for Driving Under the Influence of Intoxicating Liquor, Child Under Five Years of Age not Properly Secured in Vehicle, Person 16 Years of Age or Older Fail to Wear Seatbelt, and Improper Lane Travel.	Against Applicant	DUI or DWI Criminal	Diversion or Deferred	Admitted	—	—	—
1.h	The Applicant has a history of alcohol-related incidents away from work, such as driving under the influence.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
1.i	The Applicant's illegal drug use was secondary to his alcohol addiction.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.a	The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.b	The Applicant's abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
2.c	The Applicant was found guilty on both charges and was sentenced to 180 days in jail, with 179 suspended, was fined approximately $317.50, and required to satisfactory complete Alcohol Information School.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	—	—	—
2.d	The Applicant was diagnosed with 'Middle Stage Alcoholism.'	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.e	The Applicant has been alcohol free for 15 months, and from illegal drugs for 20 months.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.f	The Applicant has been regularly attending Alcoholics Anonymous (AA) meetings which are required as part of the treatment program.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.g	The Applicant's performance evaluations from 1980 through 1993, indicate that he has grown over the years to become an 'outstanding employee.'	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
2.h	The Applicant genuinely regrets his mistakes of the past, to include providing false information about his illegal drug involvement.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.a	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	For Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	—	—	—
3.b	The Applicant completed an application for security clearance dated December 1, 1986, which asked him if he had ever been arrested.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.c	The Applicant did not list his other arrests.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.d	The Applicant stated that he did not list his other arrests because they occurred in the distant past, ten years prior, and he did not remember them.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.e	The Applicant's responses in 1986, concerning his purchase of illegal drugs were also not a falsification because the Applicant's purchase of marijuana occurred after completing the questionnaire.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.f	The Applicant's responses to the questions concerning his illegal drug involvement were false, and the Applicant realized that they were false at the time he entered them on the questionnaire.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	—	—	—
3.g	The Applicant's statement of June 15, 1987, and his responses to questions on his Security clearance applications of December 1, 1986, and May 13, 1996, concerning his arrest history were not a deliberate falsification.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
4.a	The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001, a federal criminal statute.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he abuses illegal substances.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.b

The Applicant is an admitted alcoholic, who began abusing alcohol in 1975, which continued until December 1995.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.c

The Applicant has also purchased marijuana.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.d

The Applicant was charged with the Use and Possession of a Controlled Substance.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

1.e

The Applicant was arrested for Driving Under the Influence of Intoxicating Liquor.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.f

The Applicant was arrested for Operating a Vehicle Under the Influence of Intoxicants or Drugs.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.g

The Applicant was arrested for Driving Under the Influence of Intoxicating Liquor, Child Under Five Years of Age not Properly Secured in Vehicle, Person 16 Years of Age or Older Fail to Wear Seatbelt, and Improper Lane Travel.

Against Applicant

DUI or DWI Criminal

Diversion or Deferred

Admitted

—

1.h

The Applicant has a history of alcohol-related incidents away from work, such as driving under the influence.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

1.i

The Applicant's illegal drug use was secondary to his alcohol addiction.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.a

The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.b

The Applicant's abusive drinking pattern, over a twenty year period, is evidenced by three arrests, and two citations for alcohol related offenses.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

2.c

The Applicant was found guilty on both charges and was sentenced to 180 days in jail, with 179 suspended, was fined approximately $317.50, and required to satisfactory complete Alcohol Information School.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

—

2.d

The Applicant was diagnosed with 'Middle Stage Alcoholism.'

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.e

The Applicant has been alcohol free for 15 months, and from illegal drugs for 20 months.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.f

The Applicant has been regularly attending Alcoholics Anonymous (AA) meetings which are required as part of the treatment program.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.g

The Applicant's performance evaluations from 1980 through 1993, indicate that he has grown over the years to become an 'outstanding employee.'

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

2.h

The Applicant genuinely regrets his mistakes of the past, to include providing false information about his illegal drug involvement.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

For Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

—

3.b

The Applicant completed an application for security clearance dated December 1, 1986, which asked him if he had ever been arrested.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.c

The Applicant did not list his other arrests.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.d

The Applicant stated that he did not list his other arrests because they occurred in the distant past, ten years prior, and he did not remember them.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.e

The Applicant's responses in 1986, concerning his purchase of illegal drugs were also not a falsification because the Applicant's purchase of marijuana occurred after completing the questionnaire.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.f

The Applicant's responses to the questions concerning his illegal drug involvement were false, and the Applicant realized that they were false at the time he entered them on the questionnaire.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

—

3.g

The Applicant's statement of June 15, 1987, and his responses to questions on his Security clearance applications of December 1, 1986, and May 13, 1996, concerning his arrest history were not a deliberate falsification.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

4.a

The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001, a federal criminal statute.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

—

Loading case…

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision