ISCR Case 20-02913

Case Headnote

ISCR Case No. 20-02913

grantedJan 31, 2023· Hon. Candace Le'i Garcia· hearing

Summary

A 44-year-old married computer engineer with two children was granted eligibility for access to classified information despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed allegations of marijuana use and purchases from approximately 1995 to 2015, including specific instances in 2003, 2013, and 2015 while holding access to classified or sensitive information.

Additionally, the applicant was alleged to have falsified security clearance applications. This included failing to disclose prior drug involvement on his 2002 application and omitting details of marijuana use and purchase on his July 2018 Security Clearance Application (SCA), specifically regarding his 2003 and 2013 use while holding access to classified or sensitive information.

The decision to grant eligibility was based on several mitigating factors. The applicant admitted to his past drug use and falsifications, demonstrating accountability. He also showed significant personal growth and maturity since the incidents. The judge found the applicant's testimony credible, which was further supported by character witnesses who attested to his trustworthiness.

Why the Applicant Prevailed

The applicant admitted to past drug use and falsifications, showing accountability for his actions.
He demonstrated significant personal growth and maturity since his past conduct.
The judge found the applicant credible and supported by character witnesses attesting to his trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(e)(1)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
AG ¶ 26(b)(2)appliedChanging Environment to Avoid Drugs
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions
AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 11, 2021
Answer filedFeb 18, 2021
Hearing heldAug 23, 2022via video teleconference
Decision dateJan 31, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Personal Conduct and Accountability in Security Clearance Cases
Credibility and Character References as Factors in Security Clearance Decisions

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 his 2002 security clearance application by failing to disclose his prior drug involvement.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Acknowledgment and Remorse
2.b	Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his use and purchase of marijuana.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Acknowledgment and Remorse
2.c	Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his 2003 marijuana use while granted access to classified information.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Acknowledgment and Remorse
2.d	Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his 2013 marijuana use while holding access to sensitive information.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified his 2002 security clearance application by failing to disclose his prior drug involvement.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

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

(b) omission/refusal followed advice of counsel; later cooperated fully

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

Claimed

Acknowledgment and Remorse

2.b

Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his use and purchase of marijuana.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

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

(b) omission/refusal followed advice of counsel; later cooperated fully

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

Claimed

Acknowledgment and Remorse

2.c

Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his 2003 marijuana use while granted access to classified information.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

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

(b) omission/refusal followed advice of counsel; later cooperated fully

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

Claimed

Acknowledgment and Remorse

2.d

Applicant falsified his responses to section 23 of his July 2018 SCA by failing to disclose his 2013 marijuana use while holding access to sensitive information.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

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

(b) omission/refusal followed advice of counsel; later cooperated fully

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

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased marijuana from approximately 1995 to 2015.	For Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant used marijuana in 2003 while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	—
1.c	Applicant used marijuana in 2013 while holding access to sensitive information.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	—
1.d	Applicant used marijuana in 2015 while holding access to sensitive information.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used and purchased marijuana from approximately 1995 to 2015.

For Applicant

Marijuana

Regular

Admitted

—

1.b

Applicant used marijuana in 2003 while granted access to classified information.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

1.c

Applicant used marijuana in 2013 while holding access to sensitive information.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

1.d

Applicant used marijuana in 2015 while holding access to sensitive information.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

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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