ISCR Case 08-01310.h1

Case Headnote

ISCR Case No. 08-01310.h1

grantedDec 30, 2008· Hon. Matthew E. Malone· hearing

Summary

A 25-year-old logistics manager for a defense contractor was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed several past drug-related allegations. These included a September 2006 charge for Possession with Intent to Distribute Cocaine, an August 2006 arrest for Simple Possession of Marijuana, and an August 2002 arrest for Distribution of Ecstasy, which was dismissed after a pre-trial intervention program. Further allegations involved purchasing and transporting Ecstasy in August 2002 and illegal marijuana use in June 2001.

The judge found that the allegation regarding cocaine possession was based on misinformation and lacked supporting evidence. The applicant's last confirmed drug involvement was in 2002, and she had since disassociated from individuals involved in drug use.

The decision to grant the clearance was based on the applicant's demonstrated rehabilitation, stable lifestyle, and consistent employment. The judge concluded that the applicant's past drug use was isolated and occurred over a decade prior, and that she had not been charged with a cocaine-related offense.

Why the Applicant Prevailed

The judge found no evidence supporting the allegation of cocaine possession, determining it was based on misinformation.
The applicant's last known drug involvement was in 2002, and she has since disassociated from drug-using associates.
The applicant has maintained a stable lifestyle, demonstrated rehabilitation, and has been steadily employed.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 26(a)appliedThe Behavior Happened so Long Ago
AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future

Key Rule Quoted

“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJul 11, 2008
Answer filedAug 1, 2008
Hearing heldOct 21, 2008
Decision dateDec 30, 2008

Cite For

Mitigating Conditions for Past Drug Involvement Under Guideline H
Disqualifying Conditions for Criminal Conduct Under Guideline J
The Importance of Demonstrating Rehabilitation and a Stable Lifestyle in Security Clearance Cases

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a–2.e	5 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a–2.e

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

For Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On or about September 2006, in Charleston, South Carolina, you were charged with Possession with Intent to Distribute (PWD) Cocaine. As of April 29, 2008, disposition in this case is pending.	For Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	On or about August 2006, you were arrested in or around Charleston, South Carolina and charged with Simple Possession of Marijuana. You spent one night in jail and were released on a bond in the approximate amount of $465.00. As of April 29, 2008, disposition in this case is pending.	For Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	In approximately August 2002, you were arrested in or around Charleston, South Carolina and charged with Distribution of Ecstacy. After completing a five-month pre-trial intervention program, the charge was dismissed on approximately May 6, 2003.	For Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	In August 2002, Applicant purchased for $250 with intent to transport 10 tablets of Ecstacy, and that she subsequently transported same from Florida to South Carolina.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	Applicant illegally used marijuana in June 2001.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On or about September 2006, in Charleston, South Carolina, you were charged with Possession with Intent to Distribute (PWD) Cocaine. As of April 29, 2008, disposition in this case is pending.

For Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Denied

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

(c) currently on parole or probation

—

1.b

On or about August 2006, you were arrested in or around Charleston, South Carolina and charged with Simple Possession of Marijuana. You spent one night in jail and were released on a bond in the approximate amount of $465.00. As of April 29, 2008, disposition in this case is pending.

For Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

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

(c) currently on parole or probation

—

1.c

In approximately August 2002, you were arrested in or around Charleston, South Carolina and charged with Distribution of Ecstacy. After completing a five-month pre-trial intervention program, the charge was dismissed on approximately May 6, 2003.

For Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

(c) currently on parole or probation

—

1.d

In August 2002, Applicant purchased for $250 with intent to transport 10 tablets of Ecstacy, and that she subsequently transported same from Florida to South Carolina.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

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

(c) currently on parole or probation

—

1.e

Applicant illegally used marijuana in June 2001.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

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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