ISCR Case 23-01051

Case Headnote

ISCR Case No. 23-01051

grantedNov 22, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 33-year-old systems engineer was granted a security clearance despite concerns under Guidelines H (Drug Involvement), G (Alcohol Consumption), and E (Personal Conduct). The Statement of Reasons detailed the applicant's marijuana use from approximately April 2007 to September 2019, cocaine use from about October 2009 to October 2019, and a positive marijuana test in September 2019. Additionally, the applicant consumed alcohol, at times to intoxication, including during lunch in September 2019. A significant concern was the falsification of a security clearance application on May 5, 2015, by failing to disclose this substance use.

The applicant admitted to the allegations. However, the decision to grant the clearance was based on substantial mitigating factors. The applicant demonstrated a long period of abstinence from illegal drugs and reduced alcohol consumption. Evidence of ongoing therapy and support for substance use issues was provided, indicating a commitment to rehabilitation.

Furthermore, the applicant's work performance significantly improved after treatment, which demonstrated increased reliability and trustworthiness. These factors collectively led to the determination that the security clearance should be GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a long period of abstinence from illegal drugs and reduced alcohol consumption.
The applicant provided evidence of ongoing therapy and support for substance use issues.
The applicant's performance at work improved significantly after treatment, indicating reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(d)raisedDiagnosis of Substance Abuse Disorder
AG ¶ 22(b)raisedAlcohol-related Incidents at Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Use Disorder
AG ¶ 16(a)raisedFalsification of Security Clearance Application
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken
AG ¶ 23(a)appliedTime Passed or Infrequent Behavior Unlikely to Recur
AG ¶ 23(c)appliedParticipation in Counseling or Treatment Program
AG ¶ 17(c)appliedMinor Offense or Time Passed
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedAug 11, 2023
Answer filedFeb 9, 2024
Hearing heldOct 9, 2024conducted by video teleconference
Decision dateNov 22, 2024

Cite For

Mitigating Factors for Substance Abuse Under Guidelines H and G
Considerations for Personal Conduct and Falsification of Security Clearance Applications
Importance of Rehabilitation and Ongoing Treatment 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
3.a	Applicant falsified his SCA on May 5, 2015, by failing to disclose the conduct alleged in SOR 1.b, and 1.d.	For Applicant	Falsification Security Form	—	Admitted	—	—	Claimed Corrected Falsification Promptly
3.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified his SCA on May 5, 2015, by failing to disclose the conduct alleged in SOR 1.b, and 1.d.

For Applicant

Falsification Security Form

—

Admitted

—

Claimed

Corrected Falsification Promptly

3.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant has consumed alcohol, at times in excess and to the point of intoxication.	For Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	Applicant admitted consuming alcoholic beverages during his lunch hour in September 2019.	For Applicant	Intoxication at Work or Duty	Admitted	—	—	—
2.c–2.d	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant has consumed alcohol, at times in excess and to the point of intoxication.

For Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

Applicant admitted consuming alcoholic beverages during his lunch hour in September 2019.

For Applicant

Intoxication at Work or Duty

Admitted

—

2.c–2.d

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 used marijuana with varying frequency from about April 2007 to September 2019.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.b	Applicant used cocaine with varying frequency from about October 2009 to October 2019.	For Applicant	CocaineWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.c	Applicant tested positive for marijuana in September 2019.	For Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.d–1.e	2 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 with varying frequency from about April 2007 to September 2019.

For Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.b

Applicant used cocaine with varying frequency from about October 2009 to October 2019.

For Applicant

CocaineWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.c

Applicant tested positive for marijuana in September 2019.

For Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.d–1.e

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision