ISCR Case 17-01800.h1

Case Headnote

ISCR Case No. 17-01800.h1

deniedSep 20, 2018· Hon. Wilford H. Ross· hearing

Summary

A 36-year-old defense contractor with a master's degree was denied retention of his security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to illegal drug use, including cocaine, marijuana, and ecstasy, approximately ten times each between 2012 and 2015, all while holding a security clearance.

Further, the applicant admitted to purchasing and selling ecstasy on at least two occasions between April 2014 and April 2015, acting as a middleman between his cousin, who supplied the drugs, and buyers. He also continued to associate with this cousin, who used and provided him with illegal substances.

The judge found that the applicant's repeated drug use and involvement in drug sales, particularly while cleared, raised significant concerns about his reliability and trustworthiness. Despite the application of some mitigating conditions, the applicant did not provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using illegal drugs multiple times while holding a security clearance.
The applicant engaged in the sale of illegal drugs, which raises questions about his judgment and reliability.
The applicant did not provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.

Conditions Referenced

Disqualifying

H.25.araisedSubstance Misuse
H.25.craisedIllegal Possession of a Controlled Substance
H.25.fraisedIllegal Drug Use While Granted Access to Classified Information
E.16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
E.16.graisedAssociation with Persons Involved in Criminal Activity
J.31.araisedPattern of Minor Offenses
J.31.braisedEvidence of Criminal Conduct

Mitigating

H.26.arejectedBehavior Unlikely to RecurThe applicant's drug use was recent and occurred over an extended period.
H.26.brejectedAcknowledgment of Drug InvolvementThe applicant's acknowledgment did not sufficiently mitigate the concerns due to the seriousness and recency of his conduct.
E.17.crejectedMinor Offense or Infrequent BehaviorThe applicant's drug use was not infrequent and occurred over a significant time frame.
E.17.grejectedUnwitting Association with Criminal ActivityThe applicant's association with drug-using individuals was voluntary and ongoing.
J.32.arejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior was recent and serious.
J.32.drejectedEvidence of Successful RehabilitationThe applicant did not provide sufficient evidence of rehabilitation.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 22, 2017
Answer filedJul 21, 2017Requested decision on written record.
Hearing held—No hearing; case decided on written record.
Decision dateSep 20, 2018

Cite For

Denial of Security Clearance Due to Illegal Drug Use While Holding a Clearance
Impact of Personal Conduct on Security Clearance Eligibility
Association with Individuals Involved in Criminal Activity as a Disqualifying Factor

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 admitted that he continues to associate with his cousin. His cousin would use illegal substances with Applicant. He also provided Applicant with illegal substances, including ecstasy that Applicant sold to other people on at least two occasions.	Against Applicant	Association with Persons in Criminal Activity	—	Admitted	(g) association with persons involved in criminal activity	—	—
2.b	The Government alleges that Applicant’s conduct as set forth under Paragraph 1, above, is cognizable under this guideline as well.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant admitted that he continues to associate with his cousin. His cousin would use illegal substances with Applicant. He also provided Applicant with illegal substances, including ecstasy that Applicant sold to other people on at least two occasions.

Against Applicant

Association with Persons in Criminal Activity

—

Admitted

(g) association with persons involved in criminal activity

—

2.b

The Government alleges that Applicant’s conduct as set forth under Paragraph 1, above, is cognizable under this guideline as well.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used cocaine about ten times from September 2013 to April 2015. During all that time Applicant held a security clearance.	Against Applicant	CocaineWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	Applicant used marijuana at least ten times from June 2013 to April 2015. During all that time Applicant held a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.c	Applicant used ecstasy about ten times from December 2012 to April 2015. During all that time Applicant held a security clearance.	Against Applicant	MDMAWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.d	Applicant admitted purchasing and selling ecstasy twice between approximately April 2014 to April 2015. Applicant stated that he acted as the middle man between his cousin, who had the drugs, and the person who wanted them.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used cocaine about ten times from September 2013 to April 2015. During all that time Applicant held a security clearance.

Against Applicant

CocaineWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

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

—

1.b

Applicant used marijuana at least ten times from June 2013 to April 2015. During all that time Applicant held a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

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

—

1.c

Applicant used ecstasy about ten times from December 2012 to April 2015. During all that time Applicant held a security clearance.

Against Applicant

MDMAWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

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

—

1.d

Applicant admitted purchasing and selling ecstasy twice between approximately April 2014 to April 2015. Applicant stated that he acted as the middle man between his cousin, who had the drugs, and the person who wanted them.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

(a) any substance misuse

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Government alleges that Applicant’s conduct as set forth under Paragraph 1, above, is cognizable under this guideline as well.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The Government alleges that Applicant’s conduct as set forth under Paragraph 1, above, is cognizable under this guideline as well.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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

FOOTNOTES