ISCR Case 22-02138

Case Headnote

ISCR Case No. 22-02138

grantedMay 6, 2024· Hon. Braden M. Murphy· hearing

Summary

A 29-year-old systems engineer was granted eligibility for continued access to classified information despite initial concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons cited a history of illegal drug use, including marijuana and cocaine, and the use of unprescribed diet pills. Additionally, the applicant had previously failed to disclose her cocaine use and use of another person's prescription medication, both within the preceding seven years, on an earlier security clearance application.

Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(f), AG ¶ 16(a), AG ¶ 16(c), AG ¶ 16(e), and AG ¶ 16(g). However, the applicant successfully mitigated these concerns through the application of mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 17(a), AG ¶ 17(e), and AG ¶ 17(g).

The decision to grant clearance was based on the applicant providing credible evidence of rehabilitation and increased maturity since her past drug use. She demonstrated a commitment to honesty by fully disclosing her complete drug history in her second security clearance application. Her expressions of remorse and understanding of the importance of candor in the security clearance process were found to be credible.

Why the Applicant Prevailed

The applicant provided credible evidence of rehabilitation and maturity since her past drug use.
She demonstrated a commitment to honesty by fully disclosing her drug history in her second security clearance application.
The applicant's expressions of remorse and understanding of the importance of candor in the security clearance process were deemed credible.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome It
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
AG ¶ 17(g)appliedUnwitting Association with Criminal Activity

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 18, 2022
Answer filedFeb 27, 2023
Hearing heldJan 10, 2024via video-teleconference
Decision dateMay 6, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Mitigation of Personal Conduct Issues Under Guideline E
Importance of Credible Remorse and Rehabilitation 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 did not disclose her prior cocaine use and her use of someone else's prescription drug medication, both of which had occurred during the previous seven years.	For Applicant	Omission or Failure to Disclose	Drug Involvement	Denied	—	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant did not disclose her prior cocaine use and her use of someone else's prescription drug medication, both of which had occurred during the previous seven years.

For Applicant

Omission or Failure to Disclose

Drug Involvement

Denied

—

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

2.b–2.c

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has a history of illegal drug use, including marijuana and cocaine, and of using prescription diet pills not prescribed to her.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Credited Acknowledgment and Remorse Credited Rehabilitation Evidence
1.b–1.c	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant has a history of illegal drug use, including marijuana and cocaine, and of using prescription diet pills not prescribed to her.

For Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

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

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

Credited

Acknowledgment and Remorse

Credited

Rehabilitation Evidence

1.b–1.c

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

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision