This article is Part III in a three-part series on security clearance holders and alcohol abuse.

In a fairly high number of the alcohol cases I see, the security clearance holder has returned to casual drinking after having been treated for alcohol dependency or abuse disorder and told that he or she can never drink again.

At first blush, the natural assumption may be that such recidivist drinkers simply were never cured of their alcoholism. The reality, however, is that some of these individuals are now drinking in sustained moderation, after an appropriate period of abstinence, and contrary to the conventional wisdom of “once an alcoholic, always an alcoholic.”

To be clear, I am not suggesting that anyone who has been successfully treated for alcoholism dip a toe back into that pool. Yet this phenomenon does beg the question of whether decades of addiction research, all of which decried the idea of the ‘former’ alcoholic, was misguided. Can an alcoholic actually be cured to the point that he or she can consume in moderation?

This debate has been playing out in the scientific community for several years now, and the consensus seems to be that the answer turns on how long the individual was an alcoholic and how much he or she consumed during that period.

The Science Behind Addiction Matters in Security Clearance Cases

This is because prolonged and heavy drinking apparently changes the brain’s physiology in such a manner that stunts production of dopamine (the ‘feel good’ chemical in the brain). Since alcohol replaces the same sensation as dopamine for many heavy drinkers, the brain is addicted. And it’s not moderate consumption that an addicted brain wants.

For more on the science behind this, readers can check out a significant body of research available from reputable medical journals like Psychiatric Services. I am no scientist, so I defer to readers on the wisdom of tempting fate with anything short of complete abstinence.

What I can tell you is that, from a legal perspective, the scientific debate in this area does offer a lifeline to security clearance holders facing loss of clearance and career over this set of facts. Of course, the cleanest defense is to simply not drink again at all – and I wish all my clients had the fortitude to take such an approach. But when the facts of a case aren’t ideal, the government often swings for the fences by arguing that ANY drinking after an alcohol dependency or abuse diagnosis, no matter how controlled, is an unmitigated national security risk.

A skillful defense attorney responds by asking who is the greater national security risk: the person for whom alcohol is their kryptonite, or the person who has seen alcohol’s dangers firsthand and learned how to handle it responsibly?  Open-minded security adjudicators and administrative judges will, in my experience, give the argument reasonable consideration.

 

This article is intended as general information only and should not be construed as legal advice. Consult an attorney regarding your specific situation. 

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Sean M. Bigley retired from the practice of law in 2023, after a decade representing clients in the security clearance process. He was previously an investigator for the Defense Counterintelligence and Security Agency (then-U.S. Office of Personnel Management) and served from 2020-2024 as a presidentially-appointed member of the National Security Education Board. For security clearance assistance, readers may wish to consider Attorney John Berry, who is available to advise and represent clients in all phases of the security clearance process, including pre-application counseling, denials, revocations, and appeals. Mr. Berry can be found at https://www.berrylegal.com/.