ISCR Case 14-03249.h1

Case Headnote

ISCR Case No. 14-03249.h1

grantedDec 29, 2014· Hon. Philip S. Howe· hearing

Summary

A 34-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) related to past drug use and omissions on his 2009 e-QIP. The Statement of Reasons alleged that the applicant deliberately concealed illegal substance use, including marijuana and unprescribed medications, and that this conduct in 2000 and 2007 created a vulnerability. Disqualifying conditions under AG ¶ 16(a), AG ¶ 16(c), and AG ¶ 16(e) were raised.

However, the judge applied mitigating conditions under AG ¶ 17(a), AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(e). The applicant demonstrated significant personal growth and a commitment to honesty, making prompt, good-faith efforts to correct omissions regarding his drug use before being confronted. His past drug use was infrequent, occurred under unique circumstances, and a significant amount of time had passed since the last incident.

The applicant also took positive steps to alleviate stressors, including active participation in church and a commitment to family. The judge found that the applicant had taken positive steps to mitigate his past conduct and was unlikely to engage in similar behavior in the future, ultimately granting the security clearance.

Why the Applicant Prevailed

The applicant made prompt, good-faith efforts to correct omissions regarding his drug use before being confronted by authorities.
The applicant's past drug use was infrequent and occurred under unique circumstances, with significant time having passed since the last incident.
The applicant has taken positive steps to alleviate stressors in his life, including active participation in church and a commitment to family.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct Omissions
AG ¶ 17(c)appliedBehavior Is Infrequent and Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 6, 2014
Answer filedAug 25, 2014
Hearing heldNov 19, 2014
Decision dateDec 29, 2014

Cite For

Mitigating Conditions Under Guideline E for Personal Conduct
Importance of Personal Growth and Rehabilitation in Security Clearance Decisions
Consideration of the Whole-person Concept in Adjudicating Security Clearance Cases

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
1.a	Applicant deliberately omitted and concealed his illegal use of controlled substances in response to the specific questions in Section 23 of the 2009 e-QIP.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATESELF-CORRECTED	Drug Involvement	Admitted	—	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly
1.b	Applicant used illegal substances and medications not prescribed for him. He used marijuana and the other controlled drugs while holding a security clearance in 2007.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	(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	Claimed Abstinence Period Documented Documented Community Involvement
1.c	Applicant’s conduct in 2000 and 2007 involving the use of illegal or controlled drug substances creates a vulnerability to exploitation, manipulation, or duress.	For Applicant	Concealment Creating Coercion Vulnerability	—	Admitted	—	(e) positive steps to reduce vulnerability to exploitation	Documented Deep U.S. Ties Documented Character Letters

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant deliberately omitted and concealed his illegal use of controlled substances in response to the specific questions in Section 23 of the 2009 e-QIP.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATESELF-CORRECTED

Drug Involvement

Admitted

—

(a) prompt, good-faith correction before being confronted

Credited

Corrected Falsification Promptly

1.b

Applicant used illegal substances and medications not prescribed for him. He used marijuana and the other controlled drugs while holding a security clearance in 2007.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(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

Claimed

Abstinence Period Documented

Documented

Community Involvement

1.c

Applicant’s conduct in 2000 and 2007 involving the use of illegal or controlled drug substances creates a vulnerability to exploitation, manipulation, or duress.

For Applicant

Concealment Creating Coercion Vulnerability

—

Admitted

—

(e) positive steps to reduce vulnerability to exploitation

Documented

Deep U.S. Ties

Documented

Character Letters

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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