ISCR Case 14-00538.h1

Case Headnote

ISCR Case No. 14-00538.h1

grantedMar 24, 2017· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 37-year-old software adjuster was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The Statement of Reasons alleged that the applicant failed to disclose a positive marijuana test during treatment for alcohol dependence in his October 2013 security clearance application and January 2014 Defense Department Interrogatories, where he denied illegal drug use.

Additionally, the applicant faced allegations related to alcohol abuse, including alcohol-related incidents away from work, habitual consumption leading to impaired judgment, and a diagnosis of alcohol dependence. Concerns under Guideline H included general drug abuse and testing positive for illegal drug use.

However, the judge found that the applicant had demonstrated significant rehabilitation, maintaining sobriety for over five years. There was no evidence of prior illegal drug use, and the applicant was unaware of the positive marijuana test at the time of his disclosures. The applicant also has a strong support network and continues to participate in Alcoholics Anonymous. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant has maintained sobriety for over five years, demonstrating significant rehabilitation.
There was no evidence of prior illegal drug use, and the applicant was unaware of the positive marijuana test during treatment.
The applicant has a strong support network and continues to participate in Alcoholics Anonymous.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Dependence
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedBinge Consumption of Alcohol
AG ¶ 22(d)raisedDiagnosis of Alcohol Abuse or Dependence

Mitigating

AG ¶ 26(a)appliedBehavior Occurred Long Ago
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
AG ¶ 26(d)appliedSatisfactory Completion of Drug Treatment Program
AG ¶ 23(a)appliedTime Passed Since Alcohol Abuse
AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken
AG ¶ 23(d)appliedSuccessful Completion of Counseling or Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 24, 2015
Answer filedJul 27, 2015
Hearing heldJun 10, 2016
Decision dateMar 24, 2017

Cite For

Demonstrated Intent Not to Abuse Drugs Under Guideline H
Successful Completion of Alcohol Treatment Under Guideline G
Rebuttable Presumption of Rehabilitation After Five Years of Sobriety Under Guideline G

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	In October 2013, Applicant completed a security clearance application (SCA). In response to Question 23, he denied having illegally used any drugs or controlled substances in the preceding seven years. In response to a different section under that question, he denied ever illegally using or otherwise being involved with a drug or controlled substance while possessing a security clearance.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (d) acknowledged the behavior; counseling/positive steps taken	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence
1.b	In regards to Defense Department Interrogatories signed on January 24, 2014, he denied any illegal drug use.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (d) acknowledged the behavior; counseling/positive steps taken	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence
1.c	Applicant did not disclose his positive drug test for marijuana during his treatment for alcohol dependence, which was a relevant fact that should have been disclosed during the security clearance process.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(a) prompt, good-faith correction before being confronted (b) omission/refusal followed advice of counsel; later cooperated fully (d) acknowledged the behavior; counseling/positive steps taken	Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In October 2013, Applicant completed a security clearance application (SCA). In response to Question 23, he denied having illegally used any drugs or controlled substances in the preceding seven years. In response to a different section under that question, he denied ever illegally using or otherwise being involved with a drug or controlled substance while possessing a security clearance.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

(b) deliberately providing false information to an investigator or official

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(d) acknowledged the behavior; counseling/positive steps taken

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

1.b

In regards to Defense Department Interrogatories signed on January 24, 2014, he denied any illegal drug use.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

(b) deliberately providing false information to an investigator or official

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(d) acknowledged the behavior; counseling/positive steps taken

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

1.c

Applicant did not disclose his positive drug test for marijuana during his treatment for alcohol dependence, which was a relevant fact that should have been disclosed during the security clearance process.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

(b) deliberately providing false information to an investigator or official

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

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

(b) omission/refusal followed advice of counsel; later cooperated fully

(d) acknowledged the behavior; counseling/positive steps taken

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	Unspecified Alcohol Incident	Denied	—	(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 (d) completed treatment and aftercare with established abstinence/modified use	—
2.b	habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent	For Applicant	Binge or Intoxication Pattern	Denied	—	(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 (d) completed treatment and aftercare with established abstinence/modified use	—
2.c	diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence	For Applicant	Alcohol Use Disorder Diagnosed	Denied	(d) diagnosis of alcohol use disorder by a qualified professional	(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 (d) completed treatment and aftercare with established abstinence/modified use	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Alcohol Incident	Unknown	—	(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 (d) completed treatment and aftercare with established abstinence/modified use	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

Unspecified Alcohol Incident

Denied

—

(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

(d) completed treatment and aftercare with established abstinence/modified use

—

2.b

habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent

For Applicant

Binge or Intoxication Pattern

Denied

—

(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

(d) completed treatment and aftercare with established abstinence/modified use

—

2.c

diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence

For Applicant

Alcohol Use Disorder Diagnosed

Denied

(d) diagnosis of alcohol use disorder by a qualified professional

(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

(d) completed treatment and aftercare with established abstinence/modified use

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Alcohol Incident

Unknown

—

(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

(d) completed treatment and aftercare with established abstinence/modified use

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	any drug abuse.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.b	testing positive for illegal drug use;	For Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—
1.c	diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of drug abuse or drug dependence;	For Applicant	Drug Diagnosed DisorderWHILE CLEARED	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (d) satisfactory completion of treatment with a favorable prognosis	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

any drug abuse.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(g) expressed intent to continue, or failure to commit to discontinue

(a) behavior happened long ago / infrequent / unlikely to recur

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

(d) satisfactory completion of treatment with a favorable prognosis

—

1.b

testing positive for illegal drug use;

For Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(g) expressed intent to continue, or failure to commit to discontinue

(a) behavior happened long ago / infrequent / unlikely to recur

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

(d) satisfactory completion of treatment with a favorable prognosis

—

1.c

diagnosis by a duly qualified medical professional (e.g., physician, clinical psychologist, or psychiatrist) of drug abuse or drug dependence;

For Applicant

Drug Diagnosed DisorderWHILE CLEARED

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

(a) behavior happened long ago / infrequent / unlikely to recur

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

(d) satisfactory completion of treatment with a favorable prognosis

—

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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

FOOTNOTES