ISCR Case 18-02397

Case Headnote

ISCR Case No. 18-02397

deniedMar 29, 2019· Hon. Robert Robinson Gales· hearing

Summary

A 29-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to a lengthy history of drug involvement and substance misuse. The applicant's history included the use of marijuana, opioids, and hallucinogens, with cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA use described as primarily experimental or of limited frequency.

The applicant acknowledged this history, claimed disassociation from drug-using associates, and sought treatment through group and individual therapy. However, the judge found that the applicant failed to mitigate security concerns regarding drug involvement and substance misuse.

The denial was based on the applicant's extensive substance abuse history, which raised doubts about reliability and trustworthiness. Insufficient evidence of rehabilitation and compliance with drug laws was presented. Additionally, the applicant's premature departure from treatment against medical advice and a lack of clinical records contributed to the decision to deny the security clearance.

Why the Applicant Was Denied

The applicant's lengthy history of substance abuse raised significant doubts about his reliability and trustworthiness.
The applicant failed to provide sufficient evidence of rehabilitation and a clear demonstration of compliance with laws regarding drug use.
The applicant's premature departure from treatment against medical advice and lack of clinical records contributed to the decision.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(d)appliedDiagnosis of Substance Use Disorder
AG ¶ 25(e)appliedFailure to Complete a Drug Treatment Program

Mitigating

AG ¶ 26(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's recent and frequent substance misuse does not support this condition.
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions TakenWhile the applicant acknowledged his history, evidence of effective actions taken to overcome substance abuse was insufficient.
AG ¶ 26(c)notedAbuse of Prescription Drugs After Severe Illness
AG ¶ 26(d)notedSatisfactory Completion of a Drug Treatment Program

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedNov 16, 2018
Answer filedJan 8, 2019Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateMar 29, 2019

Cite For

Insufficient Evidence of Rehabilitation Under Guideline H
Importance of Compliance with Laws Regarding Drug Use
The Fiduciary Relationship Required for Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the security concerns regarding drug involvement and substance misuse.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.b	Applicant has a lengthy history of drug involvement and substance misuse.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.c	Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.	For Applicant	Cocaine	Experimental	Admitted	—	—	—
1.c	Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.	For Applicant	LSD	Experimental	Admitted	—	—	—
1.c	Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.	For Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.c	Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.	For Applicant	Prescription Stimulant Misuse	Experimental	Admitted	—	—	—
1.c	Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.	For Applicant	MDMA	Experimental	Admitted	—	—	—
1.d	Applicant has acknowledged his lengthy period of drug involvement and substance misuse and claimed that he has disassociated from his drug-using associates and contacts.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	Claimed Acknowledgment and Remorse
1.e	Applicant has sought treatment for substance abuse and has been participating in both group and individual therapy.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Substance Treatment Ongoing

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant failed to mitigate the security concerns regarding drug involvement and substance misuse.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.b

Applicant has a lengthy history of drug involvement and substance misuse.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.c

Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.

For Applicant

Cocaine

Experimental

Admitted

—

1.c

Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.

For Applicant

LSD

Experimental

Admitted

—

1.c

Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.

For Applicant

Psilocybin

Experimental

Admitted

—

1.c

Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.

For Applicant

Prescription Stimulant Misuse

Experimental

Admitted

—

1.c

Applicant's use of cocaine, LSD, psilocybin mushrooms, Adderall, and MDMA were primarily experimentation or of a more limited frequency and duration.

For Applicant

MDMA

Experimental

Admitted

—

1.d

Applicant has acknowledged his lengthy period of drug involvement and substance misuse and claimed that he has disassociated from his drug-using associates and contacts.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

Claimed

Acknowledgment and Remorse

1.e

Applicant has sought treatment for substance abuse and has been participating in both group and individual therapy.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Substance Treatment Ongoing

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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