ISCR Case 16-03852.h1

Case Headnote

ISCR Case No. 16-03852.h1

grantedJun 28, 2018· Hon. Edward W. Loughran· hearing

Summary

A 41-year-old native-born U.S. citizen and defense contractor was granted a security clearance after addressing concerns under Guidelines B (Foreign Influence), E (Personal Conduct), and H (Drug Involvement). The Statement of Reasons cited the applicant's father-in-law, a former member of the Djibouti parliament and citizen of Djibouti, as a potential foreign influence risk. Additionally, the applicant was alleged to have intentionally falsified his SF-86 by failing to report marijuana use and to have provided a false Muslim name to obtain a Djibouti marriage certificate.

Regarding drug involvement, the applicant was alleged to have possessed and smoked marijuana on two or three occasions in Djibouti in 2012 and once in Japan in 2013, violating local laws. However, the applicant had not used marijuana since 2013, a period of approximately five years.

The judge found that the applicant successfully mitigated the security concerns. The applicant demonstrated a commitment to future abstinence from illegal drugs, and his ties to Djibouti were not deemed a conflict of interest given the supportive relationship between Djibouti and the U.S. The applicant also provided credible testimony about his past conduct, demonstrating maturity and responsibility. The security clearance was granted.

Why the Applicant Prevailed

The applicant has not used illegal drugs since 2013 and has shown a commitment to abstain in the future.
The applicant's ties to Djibouti do not create a conflict of interest due to the supportive relationship between Djibouti and the U.S.
The applicant credibly testified about his past conduct and demonstrated maturity and responsibility as a family man.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Contacts and Interests
AG ¶ 7(b)raisedPotential Conflict of Interest
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 16(c)raisedQuestionable Judgment
AG ¶ 16(e)raisedVulnerability to Exploitation

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons
AG ¶ 8(b)appliedMinimal Conflict of Interest
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement
AG ¶ 17(c)appliedMinor Offense or Infrequent Behavior
AG ¶ 17(d)appliedAcknowledgment and Positive Steps Taken
AG ¶ 17(e)appliedReduction of Vulnerability to Exploitation

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 15, 2017
Answer filedApr 19, 2017
Hearing heldFeb 20, 2018scheduled as planned
Decision dateJun 28, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Mitigation of Drug Involvement Under Guideline H
Mitigation of Personal Conduct Issues Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant’s father-in-law is a citizen of Djibouti. He is a former member of the Djibouti parliament. That creates a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.	For Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	Djibouti LOW RISK / ALLY	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Claimed Deep U.S. Ties Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s father-in-law is a citizen of Djibouti. He is a former member of the Djibouti parliament. That creates a potential conflict of interest and a heightened risk of foreign exploitation, inducement, manipulation, pressure, and coercion.

For Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

Djibouti

LOW RISK / ALLY

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

Claimed

Deep U.S. Ties

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	SOR ¶ 3.a alleges that Applicant intentionally falsified his SF 86 when he failed to report his marijuana use.	For Applicant	Falsification Security FormNOT DELIBERATE	Drug Involvement	Denied	—	—	—
3.b	Applicant’s illegal marijuana use in Djibouti and Japan is cross-alleged under Guideline E in SOR ¶ 3.b.	Against Applicant	Questionable Judgment General	—	Unknown	(e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
3.c	SOR ¶ 3.c alleges that Applicant “falsified material facts in order to obtain [his] Djibouti marriage certificate by providing a Djibouti judge a false Muslim name to gain the judge’s signature on [his] marriage certificate.”	For Applicant	Falsification of Employment or Other Records	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

SOR ¶ 3.a alleges that Applicant intentionally falsified his SF 86 when he failed to report his marijuana use.

For Applicant

Falsification Security FormNOT DELIBERATE

Drug Involvement

Denied

—

3.b

Applicant’s illegal marijuana use in Djibouti and Japan is cross-alleged under Guideline E in SOR ¶ 3.b.

Against Applicant

Questionable Judgment General

—

Unknown

(e) personal conduct or concealment creating vulnerability to exploitation

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

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

3.c

SOR ¶ 3.c alleges that Applicant “falsified material facts in order to obtain [his] Djibouti marriage certificate by providing a Djibouti judge a false Muslim name to gain the judge’s signature on [his] marriage certificate.”

For Applicant

Falsification of Employment or Other Records

—

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant possessed and smoked marijuana on two or three occasions in Djibouti in 2012 and once in Japan in 2013 in violation of those countries’ laws.	For Applicant	Marijuana	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
2.b	Applicant has not smoked marijuana since 2013, a period of about five years.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant possessed and smoked marijuana on two or three occasions in Djibouti in 2012 and once in Japan in 2013 in violation of those countries’ laws.

For Applicant

Marijuana

Occasional

Admitted

(a) any substance misuse

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

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

2.b

Applicant has not smoked marijuana since 2013, a period of about five years.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

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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

FOOTNOTES