ISCR Case 17-02160.h1

Case Headnote

ISCR Case No. 17-02160.h1

grantedJul 24, 2018· Hon. Gina L. Marine· hearing

Summary

A 28-year-old male applicant was granted a security clearance despite concerns raised under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed the applicant's history of drug use, including marijuana use 15 to 20 times between October 2010 and June 2011, and one instance of psilocybin mushroom use in May 2011, all while holding a security clearance. Additionally, the applicant had a 2015 DWI conviction and a 2010 marijuana possession charge.

Disqualifying conditions cited included a pattern of minor offenses, evidence of criminal conduct, and a history of alcohol-related incidents. However, the judge applied several mitigating conditions, noting the applicant's significant rehabilitation.

The decision to grant clearance was based on the applicant demonstrating a pattern of abstinence from illegal drugs and alcohol since 2014. He provided credible evidence of rehabilitation, including the successful completion of an Alcohol Safety Action Program. Strong character references further supported the applicant's maturity and reliability, leading the judge to conclude that his past conduct no longer cast doubt on his trustworthiness.

Why the Applicant Prevailed

The applicant demonstrated a pattern of abstinence from illegal drugs and alcohol since 2014.
He provided credible evidence of rehabilitation, including successful completion of an Alcohol Safety Action Program.
Strong character references supported the applicant's maturity and reliability.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 22(a)raisedAlcohol-related Incidents Away From Work
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(f)raisedViolation of a Written or Recorded Commitment

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome It
AG ¶ 23(a)appliedTime Passed Since Alcohol-related Incident
AG ¶ 23(b)appliedAcknowledgment of Alcohol Use Pattern and Evidence of Modified Consumption
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 29, 2017
Answer filedAug 14, 2017
Hearing heldMay 17, 2018
Decision dateJul 24, 2018

Cite For

Mitigation of Past Drug Use Under Guideline H
Successful Rehabilitation After a DWI Conviction Under Guideline G
Whole-person Assessment in Security Clearance Determinations

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
4.a	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

4.a

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	The applicant has a history of alcohol-related incidents, including a DWI conviction.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	(a) so much time has passed / so infrequent that it is unlikely to recur (b) acknowledges the pattern and has established modified use or abstinence	Documented Abstinence Period Documented Credited Rehabilitation Evidence

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including a DWI conviction.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(a) so much time has passed / so infrequent that it is unlikely to recur

(b) acknowledges the pattern and has established modified use or abstinence

Documented

Abstinence Period Documented

Credited

Rehabilitation Evidence

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant used marijuana approximately 15 to 20 times between October 2010 and June 2011 while in possession of a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (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.b	The applicant used psilocybin mushrooms on one occasion during a party in May 2011 while in possession of a security clearance.	For Applicant	PsilocybinWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (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–1.d	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

The applicant used marijuana approximately 15 to 20 times between October 2010 and June 2011 while in possession of a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(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.b

The applicant used psilocybin mushrooms on one occasion during a party in May 2011 while in possession of a security clearance.

For Applicant

PsilocybinWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(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–1.d

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant’s 2015 DWI conviction and 2010 possession of marijuana charge establish the following disqualifying conditions under this guideline: AG ¶ 31(a): a pattern of minor offenses, any one of which on its own would be unlikely to affect a national security eligibility decision, but which in combination cast doubt on the individual's judgment, reliability, or trustworthiness; and AG ¶ 31(b): evidence (including, but not limited to, a credible allegation, an admission, and matters of official record) of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited No Subsequent Offenses Credited Rehabilitation Evidence Credited Passage of Time

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant’s 2015 DWI conviction and 2010 possession of marijuana charge establish the following disqualifying conditions under this guideline: AG ¶ 31(a): a pattern of minor offenses, any one of which on its own would be unlikely to affect a national security eligibility decision, but which in combination cast doubt on the individual's judgment, reliability, or trustworthiness; and AG ¶ 31(b): evidence (including, but not limited to, a credible allegation, an admission, and matters of official record) of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.

For Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

No Subsequent Offenses

Credited

Rehabilitation Evidence

Credited

Passage of Time

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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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES