ISCR Case 15-06150.h1

Case Headnote

ISCR Case No. 15-06150.h1

grantedDec 22, 2017· Hon. Shari Dam· hearing

Summary

This case concerns a 31-year-old former Navy Operations Specialist whose national security eligibility was reviewed under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant’s eligibility was questioned due to a cocaine use incident on July 10, 2014, which resulted in a positive drug test the following day. Additionally, concerns were raised regarding his failure to timely report this cocaine use to his command, despite not actively concealing it.

The applicant acknowledged his mistake and demonstrated remorse, taking steps to avoid future drug use. The judge found that he had mitigated the security concerns by establishing a pattern of abstinence from illegal drugs and disassociating from previous drug-using associates. He also provided a signed statement of intent to abstain from illegal drugs, recognizing the consequences of any future use.

Ultimately, the judge determined that the applicant had matured, focused on family priorities, and overcome a significant lapse in judgment attributed to personal stressors. Based on these mitigating factors, the applicant was granted national security eligibility.

Why the Applicant Prevailed

The applicant demonstrated a significant lapse in judgment due to personal stressors but has since matured and focused on family.
He established a pattern of abstinence from illegal drug use and disassociated from previous drug-using associates.
The applicant provided a signed statement of intent to abstain from illegal drugs, acknowledging the consequences of future use.

Conditions Referenced

Disqualifying

E2.A1.2raisedDeliberately Providing False or Misleading Information
E2.A1.3raisedViolation of a Written or Recorded Commitment

Mitigating

E2.A2.1appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
E2.A2.2appliedThe Individual Acknowledges the Behavior and Has Taken Positive Steps to Alleviate the Circumstances
H2.A2.1appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
H2.A2.2appliedThe Individual Acknowledges the Behavior and Has Taken Positive Steps to Alleviate the Circumstances

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedJul 11, 2016
Answer filedAug 30, 2016
Hearing heldJun 27, 2017
Decision dateDec 22, 2017

Cite For

Mitigation of Drug Involvement Under Guideline H
Mitigation of Personal Conduct Issues Under Guideline E
Importance of Demonstrating Remorse and a Change in Priorities for Security Clearance Eligibility

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	Applicant failed to timely report his use of cocaine after he used it while attending a concert. While he did not affirmatively conceal his cocaine use from his command, security clearance holders have a duty to disclose relevant information about their fitness to hold a security clearance. His cocaine use was relevant to the Navy and its concerns about national security eligibility.	For Applicant	Failure to Report Required Information	—	Unknown	(b) deliberately providing false information to an investigator or official (f) violation of a written commitment made as a condition of employment	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to timely report his use of cocaine after he used it while attending a concert. While he did not affirmatively conceal his cocaine use from his command, security clearance holders have a duty to disclose relevant information about their fitness to hold a security clearance. His cocaine use was relevant to the Navy and its concerns about national security eligibility.

For Applicant

Failure to Report Required Information

—

Unknown

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

(f) violation of a written commitment made as a condition of employment

(c) offense is minor, long ago, infrequent, or unique circumstances

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant ingested cocaine on July 10, 2014, and tested positive for the illegal drug on July 11, 2014.	For Applicant	CocaineWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug (f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse Documented Signed Intent with Revocation Clause Documented Severed Ties to Using Friends
1.b	The applicant acknowledged that he made a serious mistake in using the cocaine and has taken steps to avoid future drug use.	For Applicant	CocaineWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug (f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse Documented Signed Intent with Revocation Clause Documented Severed Ties to Using Friends

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant ingested cocaine on July 10, 2014, and tested positive for the illegal drug on July 11, 2014.

For Applicant

CocaineWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

(f) any illegal drug use while holding a clearance or sensitive position

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

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

Claimed

Acknowledgment and Remorse

Documented

Signed Intent with Revocation Clause

Documented

Severed Ties to Using Friends

1.b

The applicant acknowledged that he made a serious mistake in using the cocaine and has taken steps to avoid future drug use.

For Applicant

CocaineWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

(f) any illegal drug use while holding a clearance or sensitive position

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

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

Claimed

Acknowledgment and Remorse

Documented

Signed Intent with Revocation Clause

Documented

Severed Ties to Using Friends

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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