ISCR Case 17-02605.h1

Case Headnote

ISCR Case No. 17-02605.h1

grantedSep 13, 2018· Hon. Michael H. Leonard· hearing

Summary

A 29-year-old export license and compliance specialist was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed a history of substance misuse, including marijuana use from approximately July 2003 to July 2016, occasional cocaine use over a ten-year period ending in July 2016, and a few instances of LSD and mushroom use from May 2008 to July 2016. Additionally, the applicant sold marijuana from April 2007 to July 2012 and occasionally misused two prescription drugs for various purposes between August 2006 and May 2016.

Disqualifying conditions under AG ¶ 25(a) and AG ¶ 25(c) were raised due to these allegations. However, the judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant self-reported his history and provided a signed statement of intent to abstain from all illegal drug use or misuse.

The decision to grant the clearance was based on the applicant's demonstrated commitment to a drug-free lifestyle, extensive documentary evidence of positive character and work ethic, including letters of recommendation, and a successful employment record. The judge found sufficient evidence of reform and rehabilitation, supported by a commitment to abstain from drug use and a supportive social network.

Why the Applicant Prevailed

The applicant self-reported his history of drug involvement and substance misuse during the security clearance process.
He demonstrated a commitment to a drug-free lifestyle and provided a signed statement of intent to abstain from all drug involvement.
The applicant presented extensive documentary evidence of his positive character and work ethic, including letters of recommendation and a successful employment record.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem

Key Rule Quoted

“It is well-established law that no one has a right to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedAug 30, 2017
Answer filedOct 27, 2017
Hearing heldApr 11, 2018
Decision dateSep 13, 2018

Cite For

Mitigation of Drug Involvement Under Guideline H
Self-reporting as a Positive Factor in Security Clearance Cases
Evidence of Rehabilitation and Commitment to a Drug-free Lifestyle

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	specific text not stated in this decision	Unknown	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

Unknown

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Using marijuana beginning in about July 2003 and ending in about July 2016.	For Applicant	Marijuana	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.b	Using cocaine on a few occasions over a ten-year-period beginning in about July 2006 and ending in about July 2016.	For Applicant	Cocaine	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.c	Using LSD and mushrooms a few times beginning in about May 2008 and ending in about July 2016.	For Applicant	Psilocybin	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.d	Selling marijuana beginning in about April 2007 and ending in about July 2012.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	Claimed Acknowledgment and Remorse
1.e	Misusing two prescription drugs on occasion for sports, as a study aid, or to stay awake during long drives beginning in about August 2006 and ending in about May 2016.	For Applicant	Prescription Other Misuse	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.f	Throughout his responses to the questions in Section 23, he stated that he intends to abstain from all illegal use or misuse of drugs.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Using marijuana beginning in about July 2003 and ending in about July 2016.

For Applicant

Marijuana

Occasional

Admitted

—

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

Claimed

Acknowledgment and Remorse

1.b

Using cocaine on a few occasions over a ten-year-period beginning in about July 2006 and ending in about July 2016.

For Applicant

Cocaine

Occasional

Admitted

—

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

Claimed

Acknowledgment and Remorse

1.c

Using LSD and mushrooms a few times beginning in about May 2008 and ending in about July 2016.

For Applicant

Psilocybin

Occasional

Admitted

—

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

Claimed

Acknowledgment and Remorse

1.d

Selling marijuana beginning in about April 2007 and ending in about July 2012.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

Claimed

Acknowledgment and Remorse

1.e

Misusing two prescription drugs on occasion for sports, as a study aid, or to stay awake during long drives beginning in about August 2006 and ending in about May 2016.

For Applicant

Prescription Other Misuse

Occasional

Admitted

—

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

Claimed

Acknowledgment and Remorse

1.f

Throughout his responses to the questions in Section 23, he stated that he intends to abstain from all illegal use or misuse of drugs.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

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

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

DISCUSSION

FORMAL FINDINGS

CONCLUSION

FOOTNOTES