ISCR Case 16-02708.h1

Case Headnote

ISCR Case No. 16-02708.h1

grantedMar 28, 2018· Hon. Martin H. Mogul· hearing

Summary

A 25-year-old former Navy service member was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to past drug use, including marijuana, Oxycodone, and Spice. Specifically, he used marijuana from approximately June 2006 to June 2008, purchased marijuana once in March 2007, used Oxycodone once in February 2011, and used Spice from July to October 2012.

Additionally, the applicant deliberately falsified material facts on an e-QIP executed on October 22, 2009, by answering "No" to questions about illegal drug use and possession within the last seven years. He failed to disclose his marijuana use and purchase from 2006-2008, which he later identified on his 2014 e-QIP. He admitted these omissions, stating he was advised by his Navy recruiter to be less than candid.

The judge found several mitigating factors applicable. The applicant has not used illegal substances since 2012 and demonstrated a commitment to abstinence. He provided credible testimony, evidence of rehabilitation, and positive character references. The judge also considered that the applicant's prior omissions on security questionnaires were influenced by advice from a Navy recruiter, which mitigated the personal conduct concerns.

Why the Applicant Prevailed

The applicant has not used illegal substances since 2012 and has expressed a commitment to abstain from future use.
He provided credible testimony and evidence of rehabilitation, including positive character references and a letter of intent to avoid illegal drugs.
The applicant's prior omissions on security questionnaires were influenced by advice from a Navy recruiter, mitigating the concerns under personal conduct.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
AG ¶ 16(a)raisedDeliberate Omission or Falsification of Relevant Facts

Mitigating

AG ¶ 26(a)appliedBehavior Happened Long Ago or Infrequently
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Established Pattern of Abstinence
AG ¶ 17(b)appliedConcealment Caused by Advice of Legal Counsel or Professional Advisor

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 3, 2017
Answer filedMar 6, 2017
Hearing heldJun 7, 2017
Decision dateMar 28, 2018

Cite For

Mitigating Factors for Past Drug Use Under Guideline H
Impact of Advice From Recruiters on Personal Conduct Disclosures
Pattern of Abstinence as a Mitigating Condition for Security Clearance Eligibility

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 SOR alleges that Applicant deliberately falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP) that he executed on October 22, 2009. He was asked questions regarding his use of any illegal drugs within the last seven years and he answered “No.” He failed to identify the usage of marijuana as alleged in 1.a., above, which he did identify on his 2014 e-QIP. Applicant admitted this allegation in his RSOR. He wrote that he was advised by his Navy recruiter to be less than candid regarding his previous marijuana usage.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Explanation of Omission Credible
2.b	The SOR alleges that Applicant deliberately falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP) that he executed on October 22, 2009. He was asked questions regarding his illegal possession, purchase, manufacture, trafficking, production, transfer, shipping, receiving, handling or sale of any controlled substance within the last seven years and he answered “No.” He failed to identify the purchase of marijuana as alleged in 1.d., above, which he did identify on his 2014 e-QIP. Applicant admitted this allegation in his RSOR. He wrote that he was advised by his Navy recruiter to be less than candid regarding his one-time marijuana purchase.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Explanation of Omission Credible
2.c	The SOR alleges that Applicant’s conduct as alleged in paragraph 1, above, also constitutes personal conduct concerns.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR alleges that Applicant deliberately falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP) that he executed on October 22, 2009. He was asked questions regarding his use of any illegal drugs within the last seven years and he answered “No.” He failed to identify the usage of marijuana as alleged in 1.a., above, which he did identify on his 2014 e-QIP. Applicant admitted this allegation in his RSOR. He wrote that he was advised by his Navy recruiter to be less than candid regarding his previous marijuana usage.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

Claimed

Explanation of Omission Credible

2.b

The SOR alleges that Applicant deliberately falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP) that he executed on October 22, 2009. He was asked questions regarding his illegal possession, purchase, manufacture, trafficking, production, transfer, shipping, receiving, handling or sale of any controlled substance within the last seven years and he answered “No.” He failed to identify the purchase of marijuana as alleged in 1.d., above, which he did identify on his 2014 e-QIP. Applicant admitted this allegation in his RSOR. He wrote that he was advised by his Navy recruiter to be less than candid regarding his one-time marijuana purchase.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

Claimed

Explanation of Omission Credible

2.c

The SOR alleges that Applicant’s conduct as alleged in paragraph 1, above, also constitutes personal conduct concerns.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The SOR alleges that Applicant used marijuana with varying frequency from approximately June 2006 to June 2008. Applicant admitted this allegation in his RSOR. He wrote that he experimented with marijuana use when he was 16 or 17 years of age, while he was living in Vietnam. He described two occasions when he used the marijuana. He further wrote that he has not consumed marijuana in almost 10 year, nor does he knowingly associate with any individual who does use it.	For Applicant	Marijuana	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.b	The SOR alleges that Applicant used Oxycodone one time in February 2011, after he was granted a security clearance. Applicant admitted this allegation in his RSOR. He wrote that he used it one time without a prescription for a previous injury. Applicant further wrote that he has not used any prescription medication without a proper prescription since that time in 2011.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	(f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.c	The SOR alleges that Applicant used Spice with varying frequency from July 2012 to October 2012, after he was granted a security clearance. Applicant admitted this allegation in his RSOR. He wrote that he used Spice on two occasions in 2012. He contended that he was never aware that the use of Spice was prohibited while he was in the Navy, and he did not learn that it was prohibited until long after he left the Navy in 2013. Since 2013, he has not been associated with the individuals with whom he used the Spice.	For Applicant	Synthetic CannabinoidWHILE CLEARED	Experimental	Admitted	(f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.d	The SOR alleges that Applicant purchased marijuana one time in approximately March 2007. Applicant admitted this allegation in his RSOR. He wrote that he purchased the marijuana on one occasion when he was 16 and living in Vietnam. He added that this was nearly 10 years ago, and he still regrets the decision to purchase the marijuana.	For Applicant	Marijuana	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Documented Acknowledgment and Remorse

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The SOR alleges that Applicant used marijuana with varying frequency from approximately June 2006 to June 2008. Applicant admitted this allegation in his RSOR. He wrote that he experimented with marijuana use when he was 16 or 17 years of age, while he was living in Vietnam. He described two occasions when he used the marijuana. He further wrote that he has not consumed marijuana in almost 10 year, nor does he knowingly associate with any individual who does use it.

For Applicant

Marijuana

Experimental

Admitted

—

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

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

Documented

Abstinence Period Documented

1.b

The SOR alleges that Applicant used Oxycodone one time in February 2011, after he was granted a security clearance. Applicant admitted this allegation in his RSOR. He wrote that he used it one time without a prescription for a previous injury. Applicant further wrote that he has not used any prescription medication without a proper prescription since that time in 2011.

For Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

(f) any illegal drug use while holding a clearance or sensitive position

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

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

Documented

Abstinence Period Documented

1.c

The SOR alleges that Applicant used Spice with varying frequency from July 2012 to October 2012, after he was granted a security clearance. Applicant admitted this allegation in his RSOR. He wrote that he used Spice on two occasions in 2012. He contended that he was never aware that the use of Spice was prohibited while he was in the Navy, and he did not learn that it was prohibited until long after he left the Navy in 2013. Since 2013, he has not been associated with the individuals with whom he used the Spice.

For Applicant

Synthetic CannabinoidWHILE CLEARED

Experimental

Admitted

(f) any illegal drug use while holding a clearance or sensitive position

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

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

Documented

Abstinence Period Documented

1.d

The SOR alleges that Applicant purchased marijuana one time in approximately March 2007. Applicant admitted this allegation in his RSOR. He wrote that he purchased the marijuana on one occasion when he was 16 and living in Vietnam. He added that this was nearly 10 years ago, and he still regrets the decision to purchase the marijuana.

For Applicant

Marijuana

Not Applicable

Admitted

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

—

Documented

Acknowledgment and Remorse

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Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision