ISCR Case 19-00529

Case Headnote

ISCR Case No. 19-00529

grantedMar 3, 2020· Hon. Candace Le'i Garcia· hearing

Summary

A 28-year-old engineer with a master's degree in chemical engineering was granted continued eligibility for access to classified information despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged the applicant used marijuana from January 2008 to June 2015, ecstasy and cocaine from April 2011 to July 2016, and misused unprescribed Adderall purchased from friends between April and October 2011. Additionally, the applicant failed to disclose her drug use on her 2013 Security Clearance Application (SCA), raising questions of untrustworthiness and questionable judgment.

Disqualifying conditions were raised under both guidelines, specifically regarding drug involvement and personal conduct related to dishonesty and questionable judgment. However, several mitigating conditions were applied. The applicant acknowledged her past drug use and expressed remorse for her actions.

Crucially, she established a pattern of abstinence from illegal drugs since 2016 and from misusing prescription drugs since 2013. The applicant also demonstrated a change in her social environment by disassociating from individuals connected to her past drug use. Based on these mitigating factors, the administrative judge determined that the security concerns were sufficiently resolved, leading to the decision to grant the clearance.

Why the Applicant Prevailed

The applicant acknowledged past drug use and demonstrated remorse for her actions.
She established a pattern of abstinence from illegal drugs since 2016 and from misusing prescription drugs since 2013.
The applicant disassociated from individuals associated with her past drug use and changed her social environment.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Clearance
AG ¶ 16(a)raisedDeliberate Omission of Relevant Facts
AG ¶ 16(e)(1)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions
AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 11, 2019
Answer filedJun 6, 2019
Hearing heldAug 26, 2019Applicant waived the 15-day hearing notice requirement.
Decision dateMar 3, 2020

Cite For

Mitigation of Drug Involvement Under Guideline H
Personal Conduct Considerations Under Guideline E
Importance of Demonstrating Remorse and a Pattern of Abstinence 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 failed to disclose her drug use on her 2013 SCA.	For Applicant	Omission or Failure to Disclose	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	—
2.b	Applicant displayed untrustworthiness and questionable judgment by not listing her drug use on her 2013 SCA.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose her drug use on her 2013 SCA.

For Applicant

Omission or Failure to Disclose

Drug Involvement

Admitted

—

(a) prompt, good-faith correction before being confronted

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.b

Applicant displayed untrustworthiness and questionable judgment by not listing her drug use on her 2013 SCA.

For Applicant

Questionable Judgment General

—

Admitted

—

(a) prompt, good-faith correction before being confronted

(c) offense is minor, long ago, infrequent, or unique circumstances

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from approximately January 2008 to June 2015.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.b	Applicant used ecstasy and cocaine from approximately April 2011 to July 2016.	For Applicant	CocaineWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.e	Applicant misused the prescription medication Adderall, not prescribed to her, after she purchased it from friends between April and October 2011.	For Applicant	Prescription Stimulant Misuse	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.c–1.f	3 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana from approximately January 2008 to June 2015.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

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

(b) acknowledges involvement; evidence of action; established abstinence

—

1.b

Applicant used ecstasy and cocaine from approximately April 2011 to July 2016.

For Applicant

CocaineWHILE CLEARED

Regular

Admitted

—

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

(b) acknowledges involvement; evidence of action; established abstinence

—

1.e

Applicant misused the prescription medication Adderall, not prescribed to her, after she purchased it from friends between April and October 2011.

For Applicant

Prescription Stimulant Misuse

Not Applicable

Admitted

—

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

(b) acknowledges involvement; evidence of action; established abstinence

—

1.c–1.f

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

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Case Profile

Summary

Why the Applicant Prevailed

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