ISCR Case 17-04304

Case Headnote

ISCR Case No. 17-04304

deniedMar 18, 2019· Hon. Robert Robinson Gales· hearing

Summary

A 26-year-old welder for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The denial stemmed from the applicant's admitted substance abuse, including marijuana, Adderall, Suboxone, and alcohol, as well as issues with candor during the investigative process.

Specific allegations included consuming alcohol to intoxication approximately three times annually and a positive test for marijuana and alcohol on February 27, 2015, during a random urinalysis and breathalyzer. On May 29, 2016, the applicant was stopped by police for a traffic violation, and an open case of beer was observed in the vehicle. The applicant admitted to using a marijuana vaping device in the first week of October 2017.

Furthermore, the applicant initially told an OPM investigator in October 2017 that he did not plan to stop using marijuana, but later stated in his November 2018 Answer to the Statement of Reasons that he would cease use. The judge found that the applicant's admissions of ongoing substance misuse and failure to provide complete and truthful information raised substantial doubts about his reliability and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to ongoing drug involvement and substance misuse, including marijuana and alcohol.
He failed to provide complete and truthful information during the security clearance process.
The applicant's actions raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(f)appliedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement
AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work
AG ¶ 22(b)appliedAlcohol-related Incidents at Work
AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
AG ¶ 16(a)appliedDeliberate Omission or Concealment of Relevant Facts
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
AG ¶ 16(f)appliedViolation of a Written Commitment Made to the Employer

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedOct 5, 2018
Answer filedNov 26, 2018Applicant elected to have his case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateMar 18, 2019

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Failure to Mitigate Alcohol Consumption Under Guideline G
Failure to Provide Complete and Truthful Information Under Guideline E

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	Applicant failed to provide truthful and candid answers during national security investigative processes.	Against Applicant	Lack of Candor in Interview	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to provide truthful and candid answers during national security investigative processes.

Against Applicant

Lack of Candor in Interview

—

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant consumed alcohol to the point of intoxication approximately three times per year at family and social gatherings.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant consumed alcohol to the point of intoxication approximately three times per year at family and social gatherings.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was a substance abuser whose substances of choice were marijuana, Adderall, Suboxone, and alcohol.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.d	On February 27, 2015, Applicant was administered a random urinalysis and breathalyzer test for alcohol and drugs. He tested positive for marijuana and failed the breathalyzer test for alcohol.	For Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.e	On May 29, 2016, Applicant exited a parking lot without slowing down or stopping at the stop sign. A police traffic stop was made and the officer smelled alcohol coming from the vehicle. There was an open cold case of beer observed.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.g	Although Applicant initially told the OPM investigator in October 2017 that he did not plan on stopping his usage of marijuana, in his November 2018 Answer to the SOR, he altered his response to say that he “will not use marijuana anymore.”	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	—
1.h	Applicant admitted that his most recent use of marijuana occurred during the first week of October 2017, when he used a marijuana vaping device with marijuana oil.	Against Applicant	Marijuana	Occasional	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant was a substance abuser whose substances of choice were marijuana, Adderall, Suboxone, and alcohol.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.d

On February 27, 2015, Applicant was administered a random urinalysis and breathalyzer test for alcohol and drugs. He tested positive for marijuana and failed the breathalyzer test for alcohol.

For Applicant

Drug Test Failure

Not Applicable

Admitted

—

1.e

On May 29, 2016, Applicant exited a parking lot without slowing down or stopping at the stop sign. A police traffic stop was made and the officer smelled alcohol coming from the vehicle. There was an open cold case of beer observed.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.g

Although Applicant initially told the OPM investigator in October 2017 that he did not plan on stopping his usage of marijuana, in his November 2018 Answer to the SOR, he altered his response to say that he “will not use marijuana anymore.”

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

1.h

Applicant admitted that his most recent use of marijuana occurred during the first week of October 2017, when he used a marijuana vaping device with marijuana oil.

Against Applicant

Marijuana

Occasional

Admitted

—

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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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION