ISCR Case 97-0264.h1

Case Headnote

ISCR Case No. 97-0264.h1

deniedAug 15, 1997· Hon. Richard A. Cefola· hearing

Summary

A 37-year-old electronics technician was denied a security clearance due to extensive drug involvement and alcohol consumption, falling under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). The applicant had a prolonged history of drug use, including marijuana, methamphetamine, cocaine, LSD, psilocybin mushrooms, hashish/hashish oil, Quaaludes, and amphetamines, dating from 1974 to 1996. This included using illegal drugs while in the U.S. Marine Corps, resulting in Non-Judicial Punishments and an Other than Honorable Discharge in 1983. He also continued drug use while holding a Secret security clearance from 1977 to 1983.

His drug involvement led to arrests for possession of marijuana and multiple instances of Fourth Degree Assault while under the influence of methamphetamine and/or marijuana. He tested positive for methamphetamine at work in June 1996 and was terminated in July 1996 due to attendance issues related to drug use. The applicant received multiple inpatient treatments for conditions diagnosed as Methamphetamine Addiction, Substance Abuse, Substance Dependence (marijuana, amphetamines), and Cannabis Dependence, with a recent diagnosis of Chemical Dependency, mainly Methamphetamine and Marijuana.

Regarding alcohol, the applicant consumed alcohol to excess from 1973 to 1987 and again from 1995 to 1996. This led to arrests for burglary, criminal mischief, Driving Under the Influence, and Fourth Degree Assault, often while intoxicated. He received inpatient treatments for Alcoholism, Substance Abuse and Dependence, Alcohol, and Alcohol Dependence, with a recent diagnosis of Chemical Dependency, mainly alcohol. The judge found that the applicant did not sufficiently mitigate concerns regarding his past conduct, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a long history of drug abuse, including marijuana, methamphetamine, cocaine, and LSD, with multiple instances of selling drugs.
He was diagnosed with substance dependence shortly before the hearing, indicating ongoing issues with drug use.
The applicant's alcohol consumption was excessive, leading to a diagnosis of alcohol dependence and multiple arrests related to alcohol and drug use.

Conditions Referenced

Disqualifying

H1raisedDrug Involvement
G1raisedAlcohol Consumption
G2raisedAlcohol Consumption
G3raisedAlcohol Consumption

Mitigating

H3rejectedDrug InvolvementThe applicant did not demonstrate a sufficient intent not to abuse drugs in the future.
G3rejectedAlcohol ConsumptionThe applicant's recent history of alcohol dependence did not support a finding of positive changes in behavior.

Key Rule Quoted

“Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk of unauthorized disclosure of classified information due to carelessness.”

Procedural Posture

SOR issuedApr 11, 1997
Answer filedMay 1, 1997
Hearing heldJul 31, 1997
Decision dateAug 15, 1997

Cite For

Extensive Drug Involvement Leading to Security Clearance Denial
Impact of Alcohol Dependence on Security Clearance Eligibility
Failure to Demonstrate Rehabilitation From 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
2.a	The Applicant consumed alcohol, at times to excess and to the point on intoxication, from about 1973 to December of 1987, and from about November of 1995 until he last consumed alcohol in August of 1996.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	In January of 1984, he was arrested for burglary, and for criminal mischief. The Applicant had consumed alcohol prior to this arrest.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.c	The Applicant was arrested on four occasions from August to November of 1986 for Fourth Degree Assault against his cohabitant. He was 'high,' in part, on alcohol at the time of these arrests.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.d	The Applicant received inpatient treatment from December 31, 1987 to January 5, 1988, for a condition diagnosed, in part, as Alcoholism.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—
2.e	The Applicant was arrested in May of 1983, in part, for Driving Under the Influence.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.f	The Applicant received further treatment from May 22, 1996 to July 10, 1996, for a condition diagnosed, in part, as Substance Abuse and Dependence, Alcohol.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.g	The Applicant was not terminated from his employment in July of 1996, as a result of his alcohol abuse.	For Applicant	Unspecified Alcohol Incident	Denied	—	—	—
2.h	The Applicant last received inpatient treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Alcohol Dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The Applicant consumed alcohol, at times to excess and to the point on intoxication, from about 1973 to December of 1987, and from about November of 1995 until he last consumed alcohol in August of 1996.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

In January of 1984, he was arrested for burglary, and for criminal mischief. The Applicant had consumed alcohol prior to this arrest.

Against Applicant

Alcohol Related Arrest

Admitted

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

—

2.c

The Applicant was arrested on four occasions from August to November of 1986 for Fourth Degree Assault against his cohabitant. He was 'high,' in part, on alcohol at the time of these arrests.

Against Applicant

Alcohol Related Arrest

Admitted

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

—

2.d

The Applicant received inpatient treatment from December 31, 1987 to January 5, 1988, for a condition diagnosed, in part, as Alcoholism.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

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

—

2.e

The Applicant was arrested in May of 1983, in part, for Driving Under the Influence.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.f

The Applicant received further treatment from May 22, 1996 to July 10, 1996, for a condition diagnosed, in part, as Substance Abuse and Dependence, Alcohol.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.g

The Applicant was not terminated from his employment in July of 1996, as a result of his alcohol abuse.

For Applicant

Unspecified Alcohol Incident

Denied

—

2.h

The Applicant last received inpatient treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Alcohol Dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant used marijuana, with varying frequency, from about May of 1974 to about January of 1988, and then, again, from about January of 1995 until September 10, 1996.	Against Applicant	Marijuana	Frequent	Admitted	—	—	—
1.b	The Applicant used methamphetamine, with varying frequency, from about February of 1981 to about December of 1987, and then, again, from about January of 1996 until August 31, 1996.	Against Applicant	Methamphetamine	Regular	Admitted	—	—	—
1.c	The Applicant used cocaine, with varying frequency, from about July of 1983 to about December of 1987, and then, again, from about December of 1995 until August 31, 1996.	Against Applicant	Cocaine	Occasional	Admitted	—	—	—
1.d	The Applicant used LSD, with varying frequency, from about December of 1977 to about June of 1983, and then, again, in August of 1996.	Against Applicant	LSD	Experimental	Admitted	—	—	—
1.e	The Applicant used psilocybin mushrooms, with varying frequency, from about 1983 to about August of 1985.	Against Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.f	The Applicant used hashish/hashish oil, with varying frequency, in 1981.	Against Applicant	Unspecified Drug Involvement	Experimental	Admitted	—	—	—
1.g	The Applicant used Quaaludes "a few times" in 1981~82.	Against Applicant	Unspecified Drug Involvement	Experimental	Admitted	—	—	—
1.h	The Applicant used amphetamine, "two or three times a week," during April and May of 1987.	Against Applicant	Prescription Stimulant Misuse	Frequent	Admitted	—	—	—
1.i	The Applicant used illegal drugs while in the U.S. Marine Corps, which resulted in several Non-Judicial Punishments, and to his untimely release from the Corps with an Other than Honorable Discharge in 1983.	Against Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	—	—	—
1.j	The Applicant was arrested in May of 1983, in part, for Possession of Less than an ounce of marijuana.	Against Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	—	—	—
1.k	The Applicant was arrested on four occasions from August to November of 1986 for Fourth Degree Assault against his cohabitant. He was "high," in part, on methamphetamine and/or marijuana at the time of these arrests.	Against Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	—	—	—
1.l	The Applicant received inpatient treatment from December 31, 1987 to January 5, 1988, for a condition diagnosed, in part, as Methamphetamine Addiction and Substance Abuse.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.m	The Applicant was arrested in May of 1983, in part, for Driving Under the Influence.	Against Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	—	—	—
1.n	The Applicant tested positive for methamphetamine in June of 1996, at his place of employment. He was also terminated in July of 1996, because of attendance problems related to his use of illegal drugs.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.o	The Applicant last received inpatient treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Methamphetamine Dependence and Cannabis Dependence.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.p	The Applicant continued to use marijuana, methamphetamine, cocaine, LSD, and psilocybin mushrooms, while holding a Secret security clearance from September of 1977 to June of 1983.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.q	The Applicant received further treatment from May 22, 1996 to July 10, 1996, for a condition diagnosed, in part, as Substance Abuse and Dependence (marijuana, amphetamines).	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.r	The Applicant received inpatient treatment from May 16~22, 1996, for a condition diagnosed, in part, as Substance Dependence, marijuana and methamphetamine.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.s	The Applicant received further treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Methamphetamine Dependence and Cannabis Dependence.	Against Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.t	The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly Methamphetamine and Marijuana.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.u	The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.v	The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.w	The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.x	The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.y	The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence (marijuana, amphetamines).	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.z	The Applicant was diagnosed, in part, as suffering from Methamphetamine Dependence and Cannabis Dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.aa	The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.bb	The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.cc	The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.dd	The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.ee	The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.ff	The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.gg	The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.hh	The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.ii	The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.jj	The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.kk	The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
1.ll	The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant used marijuana, with varying frequency, from about May of 1974 to about January of 1988, and then, again, from about January of 1995 until September 10, 1996.

Against Applicant

Marijuana

Frequent

Admitted

—

1.b

The Applicant used methamphetamine, with varying frequency, from about February of 1981 to about December of 1987, and then, again, from about January of 1996 until August 31, 1996.

Against Applicant

Methamphetamine

Regular

Admitted

—

1.c

The Applicant used cocaine, with varying frequency, from about July of 1983 to about December of 1987, and then, again, from about December of 1995 until August 31, 1996.

Against Applicant

Cocaine

Occasional

Admitted

—

1.d

The Applicant used LSD, with varying frequency, from about December of 1977 to about June of 1983, and then, again, in August of 1996.

Against Applicant

LSD

Experimental

Admitted

—

1.e

The Applicant used psilocybin mushrooms, with varying frequency, from about 1983 to about August of 1985.

Against Applicant

Psilocybin

Experimental

Admitted

—

1.f

The Applicant used hashish/hashish oil, with varying frequency, in 1981.

Against Applicant

Unspecified Drug Involvement

Experimental

Admitted

—

1.g

The Applicant used Quaaludes "a few times" in 1981~82.

Against Applicant

Unspecified Drug Involvement

Experimental

Admitted

—

1.h

The Applicant used amphetamine, "two or three times a week," during April and May of 1987.

Against Applicant

Prescription Stimulant Misuse

Frequent

Admitted

—

1.i

The Applicant used illegal drugs while in the U.S. Marine Corps, which resulted in several Non-Judicial Punishments, and to his untimely release from the Corps with an Other than Honorable Discharge in 1983.

Against Applicant

Unspecified Drug InvolvementRelated Misconduct

Not Applicable

Admitted

—

1.j

The Applicant was arrested in May of 1983, in part, for Possession of Less than an ounce of marijuana.

Against Applicant

Unspecified Drug InvolvementRelated Misconduct

Not Applicable

Admitted

—

1.k

The Applicant was arrested on four occasions from August to November of 1986 for Fourth Degree Assault against his cohabitant. He was "high," in part, on methamphetamine and/or marijuana at the time of these arrests.

Against Applicant

Unspecified Drug InvolvementRelated Misconduct

Not Applicable

Admitted

—

1.l

The Applicant received inpatient treatment from December 31, 1987 to January 5, 1988, for a condition diagnosed, in part, as Methamphetamine Addiction and Substance Abuse.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.m

The Applicant was arrested in May of 1983, in part, for Driving Under the Influence.

Against Applicant

Unspecified Drug InvolvementRelated Misconduct

Not Applicable

Admitted

—

1.n

The Applicant tested positive for methamphetamine in June of 1996, at his place of employment. He was also terminated in July of 1996, because of attendance problems related to his use of illegal drugs.

Against Applicant

Drug Test Failure

Not Applicable

Admitted

—

1.o

The Applicant last received inpatient treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Methamphetamine Dependence and Cannabis Dependence.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.p

The Applicant continued to use marijuana, methamphetamine, cocaine, LSD, and psilocybin mushrooms, while holding a Secret security clearance from September of 1977 to June of 1983.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.q

The Applicant received further treatment from May 22, 1996 to July 10, 1996, for a condition diagnosed, in part, as Substance Abuse and Dependence (marijuana, amphetamines).

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.r

The Applicant received inpatient treatment from May 16~22, 1996, for a condition diagnosed, in part, as Substance Dependence, marijuana and methamphetamine.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.s

The Applicant received further treatment from September 10, 1996, to October 8, 1996, for a condition diagnosed, in part, as Methamphetamine Dependence and Cannabis Dependence.

Against Applicant

Treatment Failure

Not Applicable

Admitted

—

1.t

The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly Methamphetamine and Marijuana.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.u

The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.v

The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.w

The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.x

The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.y

The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence (marijuana, amphetamines).

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.z

The Applicant was diagnosed, in part, as suffering from Methamphetamine Dependence and Cannabis Dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.aa

The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.bb

The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.cc

The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.dd

The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.ee

The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.ff

The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.gg

The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.hh

The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.ii

The Applicant was diagnosed, in part, as suffering from Alcohol Dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.jj

The Applicant was diagnosed, in part, as suffering from Substance Abuse and Dependence, Alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.kk

The Applicant was diagnosed, in part, as suffering from Chemical Dependency, mainly alcohol.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

1.ll

The Applicant was diagnosed, in part, as suffering from Substance Dependence, marijuana and methamphetamine.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES