ISCR Case 15-02054.h1

Case Headnote

ISCR Case No. 15-02054.h1

deniedNov 30, 2016· Hon. Robert Robinson Gales· hearing

Summary

A 31-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), primarily stemming from a history of marijuana use. The applicant initially described his marijuana use as infrequent, occurring a few times between 2004 and 2009. However, in mid-March 2014, while holding a security clearance, he again used marijuana, leading to a positive drug test on March 25, 2014. This incident occurred despite the illegality of marijuana in his state, its conflict with his religion, and his security clearance responsibilities.

Following the positive test, the applicant successfully completed an Employee Assistance Program (EAP) treatment program, including 16 individual therapy sessions and at least one drug screen between March and June 2014. He was discharged having met his treatment goals and denied any further marijuana use or contact with past users.

Despite completing treatment, the judge found insufficient evidence of rehabilitation and an ongoing risk of recurrence. The denial was based on the applicant's history of marijuana use, the positive drug test while cleared, and the judge's assessment that assurances of future abstinence were inadequate, particularly due to the absence of a signed statement of intent.

Why the Applicant Was Denied

The applicant's history of marijuana use raised significant concerns about reliability and trustworthiness.
The applicant's positive drug test occurred after being granted a security clearance, indicating a failure to adhere to legal and professional standards.
The applicant's assurances of future abstinence were deemed insufficient given the history of substance abuse and lack of a signed statement of intent.

Conditions Referenced

Disqualifying

H.25.araisedAny Drug Abuse
H.25.braisedTesting Positive for Illegal Drug Use
H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
E.16.eraisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

H.26.brejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's past behavior and lack of a signed statement of intent diminished the weight of his claims of future abstinence.
H.26.drejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramWhile the applicant completed treatment, there was no evidence of a medical diagnosis or ongoing support.

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 10, 2015
Answer filedNov 9, 2015
Hearing heldJul 14, 2016
Decision dateNov 30, 2016

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
Insufficient Evidence of Rehabilitation After Substance Abuse Issues.

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	Against Applicant	Unspecified Personal Conduct	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was a substance abuser whose substance of choice was marijuana, a form of cannabis. He initially characterized his marijuana use over the years as 'a few times on random occasions.' He contended his marijuana use occurred when he was younger and in a college environment, during the following periods: approximately March 2004, just to try it; June 2005, at a party; and Summer 2009, at a concert. He quantified his marijuana use during 2004-2005 as three times, and added an additional five times during the period 2007-2009.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	In mid-March 2014, Applicant and his girlfriend were at a friend’s residence watching basketball on television. There was some tension and stress in his relationship with his girlfriend, and when his friends started passing around some marijuana, he joined in and smoked some marijuana as well. He participated in the activity despite the facts that marijuana use was illegal in the state, that such use was against his religion, and that it was a violation of his security clearance responsibilities under DOD policy. On March 25, 2014, as a result of a random drug test administered to Applicant on March 19, 2014, a notification was issued that Applicant had tested positive for marijuana.	Against 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	—	—
1.c	Applicant successfully completed the EAP treatment program and, on May 9, 2014, he returned to work. In accordance with the EAP program requirements, Applicant continued outpatient treatment, participating in 16 individual therapy sessions, and at least one drug screen, between March 2014 and June 2014. He was discharged having met his treatment goals and program requirements. Applicant denies having any continuing relationships with those whom he used marijuana with in the past. He also denied using marijuana since he completed his treatment program.	Against Applicant	Treatment 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	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant was a substance abuser whose substance of choice was marijuana, a form of cannabis. He initially characterized his marijuana use over the years as 'a few times on random occasions.' He contended his marijuana use occurred when he was younger and in a college environment, during the following periods: approximately March 2004, just to try it; June 2005, at a party; and Summer 2009, at a concert. He quantified his marijuana use during 2004-2005 as three times, and added an additional five times during the period 2007-2009.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

—

1.b

In mid-March 2014, Applicant and his girlfriend were at a friend’s residence watching basketball on television. There was some tension and stress in his relationship with his girlfriend, and when his friends started passing around some marijuana, he joined in and smoked some marijuana as well. He participated in the activity despite the facts that marijuana use was illegal in the state, that such use was against his religion, and that it was a violation of his security clearance responsibilities under DOD policy. On March 25, 2014, as a result of a random drug test administered to Applicant on March 19, 2014, a notification was issued that Applicant had tested positive for marijuana.

Against 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

—

1.c

Applicant successfully completed the EAP treatment program and, on May 9, 2014, he returned to work. In accordance with the EAP program requirements, Applicant continued outpatient treatment, participating in 16 individual therapy sessions, and at least one drug screen, between March 2014 and June 2014. He was discharged having met his treatment goals and program requirements. Applicant denies having any continuing relationships with those whom he used marijuana with in the past. He also denied using marijuana since he completed his treatment program.

Against Applicant

Treatment 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

—

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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