ISCR Case 15-02331.h1

Case Headnote

ISCR Case No. 15-02331.h1

deniedJul 1, 2015· Hon. Edward W. Loughran· hearing

Summary

A 39-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of drug use and related arrests spanning from 1998 to 2014. Specifically, he admitted to smoking marijuana from 1991 through 2016 and tested positive for marijuana in 2012 while holding a security clearance. His past also included methamphetamine and LSD use until about 2001, and multiple arrests for driving under the influence of a controlled substance and possession of drug paraphernalia.

Disqualifying conditions cited included a pattern of drug involvement, illegal drug possession, and a history of drug-related arrests. While the applicant demonstrated honesty and a commitment to change, and mitigating conditions such as the passage of time and a desire for rehabilitation were considered, these were insufficient to overcome the concerns.

The denial was primarily based on the applicant's extensive history of drug abuse, including the positive marijuana test while cleared, and his stated likelihood of continuing marijuana use on special occasions. This raised significant doubts about his reliability and judgment, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of drug abuse, including marijuana, methamphetamine, and LSD.
He tested positive for marijuana use while holding a security clearance in 2012.
The applicant indicated he would likely continue to smoke marijuana on special occasions, raising concerns about his reliability and judgment.

Conditions Referenced

Disqualifying

H.25.araisedAny Drug Abuse
H.25.braisedTesting Positive for Illegal Drug Use
H.25.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
E.16.craisedCredible Adverse Information in Several Adjudicative Issue Areas
E.16.eraisedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress

Mitigating

H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
H.26.brejectedA Demonstrated Intent Not to Abuse Any Drugs in the Future
E.17.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedDec 3, 2015
Answer filedDec 30, 2015
Hearing heldNov 16, 2016hearing was postponed before this date
Decision dateMar 23, 2017

Cite For

Denial of Security Clearance Due to Ongoing Drug Use
Impact of Past Drug-related Conduct on Current Reliability
Consideration of the Whole-person Concept 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–2.e	5 sub-charges — specific text not stated in this decision (1 against, 4 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.e

5 sub-charges — specific text not stated in this decision (1 against, 4 for the applicant).

Mixed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has a history of alcohol and drug abuse, which he does not deny. He smoked marijuana on numerous occasions from 1991 through 2016.	Against Applicant	MarijuanaWHILE CLEARED	Regular	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	He tested positive indicating marijuana use during a drug test in 2012. He held a security clearance at the time.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	Applicant has not used methamphetamine or LSD since about 2001, and his most recent drug paraphernalia charge was in 2003.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.d	Applicant was arrested in 1998 and charged with driving under the influence (DUI) of a controlled substance and possession of narcotics paraphernalia.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.e	Applicant was charged in 2002 with possession of a hypodermic device and in 2003 with possession of narcotics paraphernalia.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.f	Applicant was arrested in 2003 and charged with DUI and possession of narcotics paraphernalia.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.g	Applicant was arrested in 2013 or 2014 and charged with DUI.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant has a history of alcohol and drug abuse, which he does not deny. He smoked marijuana on numerous occasions from 1991 through 2016.

Against Applicant

MarijuanaWHILE CLEARED

Regular

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

He tested positive indicating marijuana use during a drug test in 2012. He held a security clearance at the time.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

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

—

1.c

Applicant has not used methamphetamine or LSD since about 2001, and his most recent drug paraphernalia charge was in 2003.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.d

Applicant was arrested in 1998 and charged with driving under the influence (DUI) of a controlled substance and possession of narcotics paraphernalia.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.e

Applicant was charged in 2002 with possession of a hypodermic device and in 2003 with possession of narcotics paraphernalia.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.f

Applicant was arrested in 2003 and charged with DUI and possession of narcotics paraphernalia.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.g

Applicant was arrested in 2013 or 2014 and charged with DUI.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

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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