ISCR Case 99-0166.h1

Case Headnote

ISCR Case No. 99-0166.h1

deniedNov 18, 1999· Hon. Barry M. Sax· hearing

Summary

A male applicant was denied a security clearance under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct) due to a history of alcohol abuse and related issues. The judge found overwhelming evidence of ongoing alcohol-related problems, including multiple arrests and failures to complete treatment.

The applicant admitted to 21 alcohol-related allegations, detailing excessive consumption from approximately 1965 to at least October 1998, leading to job terminations in 1982 and 1989. He was arrested on alcohol-related charges in 1982, 1996, and 1997, and received treatment on 14 occasions between 1984 and 1998, often failing to complete programs or leaving against medical advice. His continued alcohol use even violated probation on one occasion.

Additionally, the applicant falsified material facts on his May 28, 1998 Questionnaire for National Security Positions (SF 86) by omitting details of mental health treatment, multiple arrests, and alcohol abuse treatments. He also failed to mention alcohol-related treatments in sworn statements to the Defense Security Service in October and November 1998. While these falsifications were not deemed deliberate, the judge concluded that the applicant's admissions and lack of commitment to abstain from alcohol, coupled with no evidence of rehabilitation, were sufficient grounds for denial.

Why the Applicant Was Denied

The applicant admitted to 21 alcohol-related allegations, demonstrating a pattern of excessive alcohol consumption.
There was no evidence of rehabilitation or intent to stop drinking despite numerous treatment attempts.
The applicant's falsifications on the SF 86 were not deemed deliberate, but the ongoing alcohol abuse was sufficient to deny the clearance.

Conditions Referenced

Disqualifying

G.1raisedAlcohol-related Incidents Away From Work
G.2raisedAlcohol-related Incidents at Work
G.3raisedDiagnosis by a Credentialed Medical Professional of Alcohol Abuse or Dependence
G.4raisedHabitual or Binge Consumption to the Point of Impaired Judgment
G.5raisedConsumption of Alcohol Subsequent to a Diagnosis of Alcoholism
E.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged

Mitigating

E.4rejectedOmission of Material Facts Caused by Improper or Inadequate AdviceThe applicant's omissions were not deemed to be caused by inadequate advice.
J.2rejectedA Single Serious Crime or Multiple Lesser OffensesThe applicant's criminal behavior was not isolated and did not demonstrate successful rehabilitation.

Key Rule Quoted

“"A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMay 12, 1999
Answer filedJun 7, 1999Applicant initially elected for a decision based on the written record.
Hearing heldOct 28, 1999Hearing conducted after applicant changed his mind about proceeding without a hearing.
Decision dateNov 18, 1999

Cite For

Ongoing Alcohol Abuse as a Disqualifying Factor Under Guideline G
Falsification of Material Facts on Security Clearance Applications Under Guideline E
The Importance of Demonstrating Rehabilitation for Alcohol-related Issues in Security Clearance Cases

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
2.a	Applicant falsified material facts on his May 28, 1998 Questionnaire for National Security Positions (SF 86) in that as to Question 21 by failing to mention his February 1997 treatment for a condition diagnosed, in part, as Post Traumatic Stress Disorder and Major Depression without Psychotic Features.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—
2.b	Applicant falsified material facts in his May 28, 1998 SF 86 in response to Question 23.d. by failing to mention: (1) his November 15, 1970 arrest and being charged with Possession of Marijuana. (2) his July 13, 1973 arrest and being charged with Possession of Stolen Property and Possession of Dangerous Drugs. (3) his March 9, 1992 arrest and being charged with Failure to Obey Traffic Signal, Possession of Marijuana, and "Exceed Speed." (4) his December 1982 arrest and being charged with Public Intoxication, as alleged under SOR 1.c.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	Applicant falsified material facts in his May 1998 SF 86 (GX 7) at Question 25, by failing to mention his February 14, 1997 treatment for alcohol abuse, as cited in SOR 1.t	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—
2.d	Applicant falsified material facts in his October 19, 1998 sworn statement to the Defense Security Service (DSS) (GX 9) by failing to mention the alcohol-related treatments cited in SOR 1.e., 1.f., 1.g., 1.m., 1.n., 1.o., and 1.p.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—
2.e	Applicant falsified material facts in his November 4, 1998 sworn statement to DSS by failing to mention the alcohol-related treatment cited in SOR 1.n., 1.o., and 1.p.	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified material facts on his May 28, 1998 Questionnaire for National Security Positions (SF 86) in that as to Question 21 by failing to mention his February 1997 treatment for a condition diagnosed, in part, as Post Traumatic Stress Disorder and Major Depression without Psychotic Features.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

2.b

Applicant falsified material facts in his May 28, 1998 SF 86 in response to Question 23.d. by failing to mention: (1) his November 15, 1970 arrest and being charged with Possession of Marijuana. (2) his July 13, 1973 arrest and being charged with Possession of Stolen Property and Possession of Dangerous Drugs. (3) his March 9, 1992 arrest and being charged with Failure to Obey Traffic Signal, Possession of Marijuana, and "Exceed Speed." (4) his December 1982 arrest and being charged with Public Intoxication, as alleged under SOR 1.c.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

2.c

Applicant falsified material facts in his May 1998 SF 86 (GX 7) at Question 25, by failing to mention his February 14, 1997 treatment for alcohol abuse, as cited in SOR 1.t

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

2.d

Applicant falsified material facts in his October 19, 1998 sworn statement to the Defense Security Service (DSS) (GX 9) by failing to mention the alcohol-related treatments cited in SOR 1.e., 1.f., 1.g., 1.m., 1.n., 1.o., and 1.p.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

2.e

Applicant falsified material facts in his November 4, 1998 sworn statement to DSS by failing to mention the alcohol-related treatment cited in SOR 1.n., 1.o., and 1.p.

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1965 to at least October 1998, as alleged in the SOR.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.b	Applicant was terminated by his employer in 1982 due to his alcohol-related problems and in 1989 for reporting to work with alcohol on his breath on two occasions.	Against Applicant	Intoxication at Work or Duty	Admitted	—	—	—
1.c	Applicant was arrested on alcohol-related charges in 1982, 1996, and 1997.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
1.d	Applicant received treatment for alcohol-related problems (diagnosed variously as alcohol dependence, alcoholism, and/or alcohol abuse) in 1984 (twice); 1986 - 1987 (six times); 1989; 1990; 1991 - 1992; and 1996- 1998 (twice).	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
1.e	On a number of occasions, Applicant failed to complete the treatment or left against medical advice.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
1.f	On one occasion, Applicant's continued use of alcohol was determined to be a violation of probation.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
1.g	Applicant continued to consume alcohol after and despite the 14 periods of treatment alleged in the SOR.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
1.h	As of his response to the SOR, Applicant intended to continue consuming alcohol.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.i	As of the hearing date, Applicant was still drinking heavily and made no commitment to stop.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.j	Applicant's consumption of alcohol to excess and to the point of intoxication has continued up to the present and there is no evidence of an intent to end such conduct.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
1.k–1.u	11 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1965 to at least October 1998, as alleged in the SOR.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.b

Applicant was terminated by his employer in 1982 due to his alcohol-related problems and in 1989 for reporting to work with alcohol on his breath on two occasions.

Against Applicant

Intoxication at Work or Duty

Admitted

—

1.c

Applicant was arrested on alcohol-related charges in 1982, 1996, and 1997.

Against Applicant

Alcohol Related Arrest

Admitted

—

1.d

Applicant received treatment for alcohol-related problems (diagnosed variously as alcohol dependence, alcoholism, and/or alcohol abuse) in 1984 (twice); 1986 - 1987 (six times); 1989; 1990; 1991 - 1992; and 1996- 1998 (twice).

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

1.e

On a number of occasions, Applicant failed to complete the treatment or left against medical advice.

Against Applicant

Treatment Non Compliance

Admitted

—

1.f

On one occasion, Applicant's continued use of alcohol was determined to be a violation of probation.

Against Applicant

Continued Use After Treatment

Admitted

—

1.g

Applicant continued to consume alcohol after and despite the 14 periods of treatment alleged in the SOR.

Against Applicant

Continued Use After Treatment

Admitted

—

1.h

As of his response to the SOR, Applicant intended to continue consuming alcohol.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.i

As of the hearing date, Applicant was still drinking heavily and made no commitment to stop.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.j

Applicant's consumption of alcohol to excess and to the point of intoxication has continued up to the present and there is no evidence of an intent to end such conduct.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

1.k–1.u

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant's falsifications, as cited in paragraph 2, above, violated Title 8 United States Code section 1001.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant's falsifications, as cited in paragraph 2, above, violated Title 8 United States Code section 1001.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

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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