ISCR Case 97-0149.h1

Case Headnote

ISCR Case No. 97-0149.h1

deniedJul 18, 1997· Hon. Barry M. Sax· hearing

Summary

A 40-year-old male technician employed by a defense contractor was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The denial was primarily driven by a long history of excessive alcohol consumption and related legal issues, including multiple DWI arrests.

Specific allegations included two DWI arrests, one in June 1993, which resulted in a five-day work suspension. The applicant underwent several treatment programs for alcohol dependence, including at Clinic A in 1993, Hospital B in 1995, and an inpatient treatment center from September to November 1995, followed by aftercare counseling. Despite these interventions and diagnoses of Alcohol Abuse and Alcohol Dependence, the applicant continued to consume alcohol until at least January 1997.

Financial concerns also contributed to the denial, with outstanding debts including $26.00 to a gasoline company since at least July 1993, and a $3,316.20 account charged off by Bank B around October 1993. The clearance was denied because the applicant failed to demonstrate rehabilitation or an understanding of the impact of his alcohol abuse on his life and security clearance eligibility, continuing to drink despite repeated diagnoses and treatments.

Why the Applicant Was Denied

The applicant has a long history of excessive alcohol consumption, including two DWI arrests.
The applicant failed to demonstrate rehabilitation or understanding of the impact of his alcohol abuse on his life and security clearance eligibility.
The applicant continued to consume alcohol despite previous diagnoses of alcohol abuse and dependence.

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 is not entitled to the level of confidence and trust required of anyone seeking access to the nation's secrets.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedFeb 13, 1997
Answer filedMar 14, 1997Applicant elected to have the case determined on the written record.
Hearing held—No hearing; case determined on the written record.
Decision dateJul 18, 1997

Cite For

Long History of Alcohol-related Issues Impacting Security Clearance Eligibility
Failure to Demonstrate Rehabilitation After Multiple Treatment Attempts
Significance of Continued Alcohol Consumption Despite Prior Diagnoses of Dependence

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
1.a	Applicant is indebted to gasoline company A in the amount of $26.00, for an amount delinquent since at least July 1993. As of March 1997, this debt had not been satisfied. $26	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.b	Applicant is indebted to Bank B in the amount of $3,316.20, for an account charged off in about October 1993. As of October 9, 1996. Bannot observed at his place of employment on several Monday mornings prior to June 1993, to have the odor of alcohol on his person. Applicant denied this allegation and the Government did not introduce any evidence in support of the allegation. $3,316	For Applicant	Unspecified Financial	Denied	—	—	—
1.c–1.i	7 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant is indebted to gasoline company A in the amount of $26.00, for an amount delinquent since at least July 1993. As of March 1997, this debt had not been satisfied.

$26

Against Applicant

Unspecified Financial

Admitted

—

1.b

Applicant is indebted to Bank B in the amount of $3,316.20, for an account charged off in about October 1993. As of October 9, 1996. Bannot observed at his place of employment on several Monday mornings prior to June 1993, to have the odor of alcohol on his person. Applicant denied this allegation and the Government did not introduce any evidence in support of the allegation.

$3,316

For Applicant

Unspecified Financial

Denied

—

1.c–1.i

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	Applicant has a history of alcohol-related incidents, including two DWI arrests.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
1.b	Applicant was observed to have the odor of alcohol on his person at work.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
1.c	Applicant was arrested on June 12, 1993, in State B and charged with driving While Intoxicated (DWI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
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.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
1.e	Applicant received treatment from July 15, 1993 to October 11, 1993, at Clinic A in his state of residence. His condition was diagnosed as Alcohol Abuse.	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.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	Applicant 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.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
1.h	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.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.i	Despite the repeated treatment and diagnoses of Alcohol Abuse in 1993 and Alcohol Dependence in 1995, Applicant has continued to drink alcohol, until at least January 1997.	Against Applicant	Continued Use After Treatment	Admitted	(e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant has a history of alcohol-related incidents, including two DWI arrests.

Against Applicant

DUI or DWI Alcohol

Admitted

—

1.b

Applicant was observed to have the odor of alcohol on his person at work.

For Applicant

Unspecified Alcohol Incident

Denied

—

1.c

Applicant was arrested on June 12, 1993, in State B and charged with driving While Intoxicated (DWI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

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.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

1.e

Applicant received treatment from July 15, 1993 to October 11, 1993, at Clinic A in his state of residence. His condition was diagnosed as Alcohol Abuse.

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.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.g

Applicant 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.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

1.h

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.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.i

Despite the repeated treatment and diagnoses of Alcohol Abuse in 1993 and Alcohol Dependence in 1995, Applicant has continued to drink alcohol, until at least January 1997.

Against Applicant

Continued Use After Treatment

Admitted

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a–1.i	9 sub-charges — specific text not stated in this decision (8 against, 1 for the applicant).	Mixed	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a–1.i

9 sub-charges — specific text not stated in this decision (8 against, 1 for the applicant).

Mixed

Unspecified Drug Involvement

Unspecified

—

Loading case…

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