ISCR Case 21-02723

Case Headnote

ISCR Case No. 21-02723

deniedMar 31, 2023· Hon. Wilford H. Ross· hearing

Summary

A 34-year-old defense contractor's application for national security eligibility was denied due to concerns under Guideline H (Drug Involvement), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant admitted to extensive drug use, including daily Suboxone use without a prescription from May 2012, marijuana use from May 2006 to February 2018, cocaine use from April 2007 to April 2014, and unprescribed Oxymorphone and Oxycontin use. He also purchased and used hallucinogenic mushrooms and LSD on multiple occasions between March 2007 and May 2010.

The applicant had several arrests, including in July 2007 for Operating Under the Influence of Alcohol, Speeding, and Possession of Marijuana; in October 2009 for Drug Possession of Heroin; and in December 2009 for Negligent Operation of a Motor Vehicle, Marked Lanes Violation, and Possession of Marijuana following an automobile accident.

Despite beginning a treatment program for opioid addiction, the judge found the mitigation insufficient. The applicant's drug use continued until shortly before the record closed, and his stated intent to abstain from drugs was undermined by his inability to commit to avoiding family members who use drugs. These factors led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to extensive drug use, including marijuana, cocaine, and prescription medications, and had multiple arrests related to drug offenses.
The applicant's drug use continued until shortly before the record closed, raising significant doubts about his reliability and trustworthiness.
The applicant's treatment for opioid addiction was deemed insufficient to mitigate the security concerns. His statement of intent to abstain from drug use was undermined by his inability to commit to avoiding family members who use drugs.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 30raisedCriminal Activity Creates Doubt About a Person’s Judgment

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome the ProblemThe applicant's acknowledgment was undermined by his inability to commit to avoiding drug-using associates.
AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant had not shown satisfactory completion of a drug treatment program.

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedMar 15, 2022
Answer filedApr 13, 2022
Hearing held—Decided on the written record.
Decision dateMar 31, 2023

Cite For

Insufficient Mitigation of Drug Involvement Under Guideline H
Impact of Personal Conduct on Security Clearance Eligibility
Consideration of Criminal Conduct 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	The Government alleges that all of the information to which Applicant admitted set forth under paragraph 1 is also cognizable under this guideline.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that all of the information to which Applicant admitted set forth under paragraph 1 is also cognizable under this guideline.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In about May 2012 Applicant began using the prescription drug Suboxone daily as a way to combat his opioid addiction without a prescription.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	—	—	Documented Substance Treatment Ongoing
1.b	Applicant used and purchased marijuana on various occasions from approximately May 2006 until February 2018.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.c	Applicant used cocaine from about April 2007 to about April 2014.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	—	—	—
1.d	Applicant used the prescription medication Oxymorphone that was not prescribed to him from about May 2011 to November 2012.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	Applicant used the prescription medication Oxycontin that was not prescribed for him between May 2009 to June 2012.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.f	Applicant purchased and used hallucinogenic mushrooms about four times from about March 2007 to about May 2010.	Against Applicant	PsilocybinWHILE CLEARED	Experimental	Admitted	—	—	—
1.g	Applicant purchased and used LSD about four times from about March 2007 to about May 2010.	Against Applicant	LSDWHILE CLEARED	Experimental	Admitted	—	—	—
1.h	Applicant was arrested in December 2009 after he was involved in an automobile accident and charged with Negligent Operation of a Motor Vehicle, Marked Lanes Violation, and Possession of a Class D Substance: Marijuana.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	—	—	—
1.i	Applicant was arrested in about October 2009 and charged with Drug Possession of a Class A Substance: Heroin.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	—	—	—
1.j	Applicant was arrested in July 2007 and charged with Operating Under the Influence of Alcohol, Speeding, and Possession of a Class D Substance: Marijuana.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

In about May 2012 Applicant began using the prescription drug Suboxone daily as a way to combat his opioid addiction without a prescription.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Regular

Admitted

—

Documented

Substance Treatment Ongoing

1.b

Applicant used and purchased marijuana on various occasions from approximately May 2006 until February 2018.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

1.c

Applicant used cocaine from about April 2007 to about April 2014.

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

—

1.d

Applicant used the prescription medication Oxymorphone that was not prescribed to him from about May 2011 to November 2012.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

—

1.e

Applicant used the prescription medication Oxycontin that was not prescribed for him between May 2009 to June 2012.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

—

1.f

Applicant purchased and used hallucinogenic mushrooms about four times from about March 2007 to about May 2010.

Against Applicant

PsilocybinWHILE CLEARED

Experimental

Admitted

—

1.g

Applicant purchased and used LSD about four times from about March 2007 to about May 2010.

Against Applicant

LSDWHILE CLEARED

Experimental

Admitted

—

1.h

Applicant was arrested in December 2009 after he was involved in an automobile accident and charged with Negligent Operation of a Motor Vehicle, Marked Lanes Violation, and Possession of a Class D Substance: Marijuana.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

—

1.i

Applicant was arrested in about October 2009 and charged with Drug Possession of a Class A Substance: Heroin.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

—

1.j

Applicant was arrested in July 2007 and charged with Operating Under the Influence of Alcohol, Speeding, and Possession of a Class D Substance: Marijuana.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Government alleges that all of the information to which Applicant admitted set forth under paragraph 1 is also cognizable under this guideline.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The Government alleges that all of the information to which Applicant admitted set forth under paragraph 1 is also cognizable under this guideline.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

—

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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