ISCR Case 14-03102.h1

Case Headnote

ISCR Case No. 14-03102.h1

deniedJul 1, 2014· Hon. Juan J. Rivera· hearing

Summary

A 28-year-old federal contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The denial stemmed from a long history of poly-drug abuse and multiple misdemeanor convictions.

The applicant's drug use included Ecstasy from 2007 to 2013, cocaine from 2005 to 2007, psilocybin mushrooms from 2004 to 2006, and LSD once between 2004 and 2006. He also purchased marijuana from 2002 to 2012 and used it frequently, sometimes daily, from 2002 to 2013. He attended a drug treatment program after October 2006.

His criminal record included two misdemeanor convictions for destruction of property in 2005, a misdemeanor conviction for possession of drug paraphernalia in 2006, a misdemeanor conviction for possession of an open container of alcohol in 2007, and a misdemeanor conviction for DWI in 2009. Despite the applicant's efforts toward rehabilitation and commitment to abstinence, the judge determined that insufficient time had passed since his last drug use and criminal behavior to mitigate security concerns, leading to the denial.

Why the Applicant Was Denied

The applicant has a long history of poly-drug abuse spanning 11 years, ending in 2013.
He has five misdemeanor convictions from 2005 to 2009, including a DWI in 2009.
The applicant's drug use and criminal conduct raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 31(a)raisedMultiple Lesser Offenses
AG ¶ 31(c)raisedAdmission of Criminal Conduct

Mitigating

AG ¶ 26(a)rejectedBehavior Happened Long AgoThe applicant's drug abuse is recent and does not fully mitigate concerns.
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse DrugsThe applicant has shown intent to abstain from drug use but has only been drug-free for about 24 months.
AG ¶ 26(d)rejectedCompletion of Drug Treatment ProgramThe applicant completed a treatment program but resumed drug use afterward.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationInsufficient time has passed without criminal offenses to establish rehabilitation.

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interest as their own.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedAug 5, 2014
Answer filedAug 28, 2014
Hearing heldApr 13, 2015Applicant waived right to 15 days notice.
Decision dateJun 29, 2015

Cite For

Denial of Security Clearance Due to Recent Drug Abuse and Criminal Conduct
Insufficient Time for Rehabilitation Under Guideline H and J
Impact of ADHD on Substance Abuse Behavior

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

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has a long history of illegal poly-drug use. From June 2007 to January 2013, he used Ecstasy about 15 times; from June 2005 to August 2007, he used cocaine about three times; from April 2004 to June 2006, he used psilocybin mushrooms twice; from October 2002 until March 2012, he purchased marijuana on diverse occasions; and from October 2002 to April 2013, he used marijuana on numerous occasions and sometimes on a daily basis. Applicant also used lysergic acid diethylamide (LSD) one time between April 2004 and June 2006.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.h	After October 2006, Applicant attended a drug treatment program.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Credited Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant has a long history of illegal poly-drug use. From June 2007 to January 2013, he used Ecstasy about 15 times; from June 2005 to August 2007, he used cocaine about three times; from April 2004 to June 2006, he used psilocybin mushrooms twice; from October 2002 until March 2012, he purchased marijuana on diverse occasions; and from October 2002 to April 2013, he used marijuana on numerous occasions and sometimes on a daily basis. Applicant also used lysergic acid diethylamide (LSD) one time between April 2004 and June 2006.

Against Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

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

—

1.h

After October 2006, Applicant attended a drug treatment program.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

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

Credited

Signed Intent with Revocation Clause

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a history of criminal misconduct. In October 2005, Applicant was charged with Destruction of Property—Monument—Value Greater than $1,000, a felony, and Destruction of Property, a misdemeanor. He was found guilty of two misdemeanor counts of destruction of property. In October 2006, Applicant was convicted of Possession of Drug Paraphernalia, a misdemeanor. In June 2007, Applicant was convicted of possession of an open container of alcohol, a misdemeanor. In January 2009, Applicant was convicted of DWI, a misdemeanor. AG ¶¶ 31(a) and 31(c) apply.	Against Applicant	Multiple Arrests Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant has a history of criminal misconduct. In October 2005, Applicant was charged with Destruction of Property—Monument—Value Greater than $1,000, a felony, and Destruction of Property, a misdemeanor. He was found guilty of two misdemeanor counts of destruction of property. In October 2006, Applicant was convicted of Possession of Drug Paraphernalia, a misdemeanor. In June 2007, Applicant was convicted of possession of an open container of alcohol, a misdemeanor. In January 2009, Applicant was convicted of DWI, a misdemeanor. AG ¶¶ 31(a) and 31(c) apply.

Against Applicant

Multiple Arrests Pattern

Convicted

Admitted

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

(c) currently on parole or probation

—

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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