ISCR Case 15-00550.h1

Case Headnote

ISCR Case No. 15-00550.h1

grantedJan 27, 2017· Hon. Thomas M. Crean· hearing

Summary

A 33-year-old former Navy petty officer with an associate's degree was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant purchased and used cocaine from September 2012 to January 2013, during which time he had access to classified information, including SCI.

Further personal conduct concerns arose from allegations that the applicant falsified information on his EQIP by denying controlled substance use in the last seven years. He was also alleged to have deliberately omitted material facts about his cocaine use during security investigator interviews on August 12, 2013, and October 8, 2013.

The judge found that the applicant successfully mitigated these concerns. He demonstrated a significant period of abstinence from illegal drug use since January 2013 and received a favorable prognosis from a qualified medical professional regarding his drug use and mental health. His current lifestyle and professional environment were found to support his commitment to remaining drug-free, leading to the decision to grant him eligibility for access to classified information.

Why the Applicant Prevailed

The applicant demonstrated a significant period of abstinence from illegal drug use since January 2013.
He received a favorable prognosis from a qualified medical professional regarding his drug use and mental health.
The applicant's current lifestyle and professional environment support his commitment to remaining drug-free.

Conditions Referenced

Disqualifying

H.25(a)raisedAny Drug Use
H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E.16(b)raisedDeliberately Providing False and Misleading Information

Mitigating

H.26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
H.26(b)appliedA Demonstrated Intent Not to Abuse Drugs in the Future
H.26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
E.17(a)appliedThe Individual Was Suffering From a Mental Health Condition at the Time of the Conduct
E.17(b)appliedThe Individual Has Taken Positive Steps to Mitigate the Personal Conduct Concerns

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 21, 2015
Answer filedDec 11, 2015
Hearing heldOct 19, 2016
Decision dateJan 27, 2017

Cite For

Mitigation of Drug Involvement Under Guideline H Due to PTSD
Personal Conduct Concerns Mitigated by Mental Health Treatment
Whole-person Concept Applied in Security Clearance Decisions

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	The SOR alleges this same conduct as a personal conduct security concern.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.b	The SOR further alleges as a personal conduct security concern that Applicant falsified information on his EQIP when he answered “no” in response to questions in Section 23 concerning use of a controlled substance in the last seven years.	For Applicant	Falsification Security FormFOUND DELIBERATESELF-CORRECTED	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly
2.c	and while having access to classified information.	For Applicant	Falsification Security FormFOUND DELIBERATESELF-CORRECTED	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly
2.d	The SOR further alleges that Applicant deliberately omitted material facts concerning his use of cocaine during a subject interview with an authorized security investigator on August 12, 2013.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATESELF-CORRECTED	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly
2.e	and on October 8, 2013.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATESELF-CORRECTED	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	(a) prompt, good-faith correction before being confronted	Credited Corrected Falsification Promptly

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR alleges this same conduct as a personal conduct security concern.

For Applicant

Questionable Judgment General

—

Admitted

—

2.b

The SOR further alleges as a personal conduct security concern that Applicant falsified information on his EQIP when he answered “no” in response to questions in Section 23 concerning use of a controlled substance in the last seven years.

For Applicant

Falsification Security FormFOUND DELIBERATESELF-CORRECTED

Drug Involvement

Admitted

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

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

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

Credited

Corrected Falsification Promptly

2.c

and while having access to classified information.

For Applicant

Falsification Security FormFOUND DELIBERATESELF-CORRECTED

Drug Involvement

Admitted

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

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

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

Credited

Corrected Falsification Promptly

2.d

The SOR further alleges that Applicant deliberately omitted material facts concerning his use of cocaine during a subject interview with an authorized security investigator on August 12, 2013.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATESELF-CORRECTED

Drug Involvement

Admitted

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

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

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

Credited

Corrected Falsification Promptly

2.e

and on October 8, 2013.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATESELF-CORRECTED

Drug Involvement

Admitted

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

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

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

Credited

Corrected Falsification Promptly

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The SOR alleges, and Applicant admits, that he purchased and used cocaine from September 2012 until January 2013.	For Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (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	Documented Abstinence Period Documented Documented Rehabilitation Evidence
1.b	He admitted that when he used cocaine, he was eligible for access to classified information including SCI.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The SOR alleges, and Applicant admits, that he purchased and used cocaine from September 2012 until January 2013.

For Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(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

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

1.b

He admitted that when he used cocaine, he was eligible for access to classified information including SCI.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

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

—

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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