ISCR Case 16-00833.h1

Case Headnote

ISCR Case No. 16-00833.h1

grantedOct 13, 2017· Hon. Candace Le'i Garcia· hearing

Summary

A 33-year-old defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). These concerns stemmed from incidents in 2015, following the grant of a DOD security clearance in December 2014.

In January 2015, the applicant was arrested for public intoxication and marijuana possession. Although these charges were dismissed, he admitted to marijuana use, and an arresting officer found a marijuana pipe on him. In March 2015, he was arrested for DUI, speeding, and failure to wear a seatbelt. He subsequently pled guilty to DUI, resulting in a $700 fine, a 30-day driver’s license suspension, and a court order to complete an alcohol education program for first-time offenders.

The judge determined that the applicant had not been arrested since March 2015 and demonstrated a pattern of abstinence from illegal drug use. He took full responsibility for his actions, expressed remorse, and successfully completed required drug and alcohol education courses, complying with all court orders. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant has not been arrested since March 2015 and has demonstrated a pattern of abstinence from illegal drug use.
He took full responsibility for his actions and expressed remorse for his past behavior.
The applicant successfully completed drug and alcohol education courses and complied with court orders related to his DUI conviction.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Pattern of Abstinence
AG ¶ 17(a)appliedMinor Offense or Time Passed
AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation
AG ¶ 17(g)appliedAssociation with Criminal Activity Was Unwitting

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 11, 2016
Answer filedSep 9, 2016Applicant elected to proceed without a hearing.
Hearing held—Case decided on the written record.
Decision dateOct 13, 2017

Cite For

Mitigation of Criminal Conduct Under Guideline J Due to Time Elapsed and Rehabilitation Efforts
Successful Demonstration of Abstinence From Illegal Drug Use Under Guideline H
Consideration of Personal Conduct and Acknowledgment of Past Mistakes Under Guideline E.

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
3.a	In 2015, Applicant used marijuana. He used marijuana after he had been granted a DOD security clearance in December 2014. The arresting officer found the pipe from which he smoked the marijuana on him. He was also convicted of DUI.	For Applicant	Questionable Judgment General	—	Admitted	—	(a) prompt, good-faith correction before being confronted (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation (g) association was unwitting, has ceased, or casts no doubt	Credited Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In 2015, Applicant used marijuana. He used marijuana after he had been granted a DOD security clearance in December 2014. The arresting officer found the pipe from which he smoked the marijuana on him. He was also convicted of DUI.

For Applicant

Questionable Judgment General

—

Admitted

—

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

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

(e) positive steps to reduce vulnerability to exploitation

(g) association was unwitting, has ceased, or casts no doubt

Credited

Acknowledgment and Remorse

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana in January 2015. He did so after he had been granted a DOD security clearance in December 2014. When he was arrested, the officer found on him the pipe from which he had smoked the marijuana.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (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	Documented Abstinence Period Documented Documented Substance Treatment Completed
2.b	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used marijuana in January 2015. He did so after he had been granted a DOD security clearance in December 2014. When he was arrested, the officer found on him the pipe from which he had smoked the marijuana.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

(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

Documented

Abstinence Period Documented

Documented

Substance Treatment Completed

2.b

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In January 2015, Applicant was arrested and charged with public intoxication and marijuana possession. While the charges were dismissed, he admitted that he smoked marijuana and the arresting officer found on him the pipe from which he smoked the marijuana.	For Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Abstinence Period Documented Documented Rehabilitation Evidence
1.b	In March 2015, Applicant was arrested and charged with DUI, speeding, and failure to wear a seatbelt. He pled guilty to DUI, he was fined $700, his driver’s license was suspended for 30 days, and he was ordered to complete an alcohol education program for first time offenders.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Documented Abstinence Period Documented Documented Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In January 2015, Applicant was arrested and charged with public intoxication and marijuana possession. While the charges were dismissed, he admitted that he smoked marijuana and the arresting officer found on him the pipe from which he smoked the marijuana.

For Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

1.b

In March 2015, Applicant was arrested and charged with DUI, speeding, and failure to wear a seatbelt. He pled guilty to DUI, he was fined $700, his driver’s license was suspended for 30 days, and he was ordered to complete an alcohol education program for first time offenders.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Documented

Abstinence Period Documented

Documented

Rehabilitation Evidence

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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