ISCR Case 08-09851.h1

Case Headnote

ISCR Case No. 08-09851.h1

grantedDec 16, 2009· Hon. Rita C. O'Brien· hearing

Summary

A 26-year-old male applicant, holding a bachelor's degree in biology and pursuing a master's in biotechnology, was evaluated for a security clearance. Concerns were raised under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to illegal drug use, including marijuana, cocaine, ecstasy, and GHB, between 2001 and 2007. His marijuana use ranged from two to three times per week in 2001-2002, decreasing to once or twice per month until 2004, then increasing to almost daily until May 2007. He used cocaine three times in August 2007, and GHB approximately six times and ecstasy twice during a weekend in Fall 2005.

Additionally, the applicant's personal conduct was questioned due to job terminations between 2001 and 2006. These terminations resulted from failing to appear for work, falsely reporting illness, unauthorized beverage consumption at a coffee bar, and drinking alcohol on employer premises.

Despite these issues, the judge found that the applicant had successfully mitigated the security concerns. He demonstrated a commitment to abstaining from illegal drugs for over two years, provided evidence of positive job performance and reliability in his current employment, and completed therapy for depression, which supported his decision to cease drug use. Consequently, the applicant was GRANTED a security clearance.

Why the Applicant Prevailed

The applicant demonstrated a commitment to abstaining from illegal drugs for over two years.
He provided evidence of positive job performance and reliability in his current employment.
The applicant completed therapy for depression, which contributed to his decision to stop using drugs.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 16(d)raisedCredible Adverse Information

Mitigating

AG ¶ 26(a)appliedBehavior Happened Long Ago
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
AG ¶ 17(c)appliedMinor Offense or Time Passed

Key Rule Quoted

“A security clearance decision is intended only to resolve the questions of 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 issuedJun 23, 2009
Answer filedJul 13, 2009Notarized and undated.
Hearing heldOct 6, 2009
Decision dateDec 16, 2009

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Demonstrated Abstinence and Rehabilitation
Consideration of Personal Conduct Issues in Light of Significant Time Elapsed Since Incidents
Whole Person Analysis in Security Clearance Determinations.

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	Between 2001 and 2006, Applicant acted inappropriately and unreliably on the job by failing to appear for work as required and informing his supervisor that he was sick when he was not; taking beverages twice without authorization while working at a coffee bar; and drinking alcohol on an employer’s premises. In each case, his employment was terminated.	For Applicant	Rules Violation at Workplace	—	Admitted	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other
2.b–2.c	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Between 2001 and 2006, Applicant acted inappropriately and unreliably on the job by failing to appear for work as required and informing his supervisor that he was sick when he was not; taking beverages twice without authorization while working at a coffee bar; and drinking alcohol on an employer’s premises. In each case, his employment was terminated.

For Applicant

Rules Violation at Workplace

—

Admitted

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

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

Claimed

Other

2.b–2.c

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits to illegally using several substances including marijuana, cocaine, ecstasy, and GHB.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.b	Applicant used marijuana from two to three times per week from 2001 to 2002, then once or twice per month from 2002 to 2004.	For Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.c	Applicant used marijuana almost daily toward the end of 2004 and continued at this pace until about May 2007.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.d	Applicant used cocaine three times in August 2007 and decided to stop using illegal drugs thereafter.	For Applicant	Cocaine	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.e	Applicant used GHB approximately six times and ecstasy two times during a weekend in the Fall of 2005.	For Applicant	Prescription Other Misuse	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant admits to illegally using several substances including marijuana, cocaine, ecstasy, and GHB.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

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

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

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

—

1.b

Applicant used marijuana from two to three times per week from 2001 to 2002, then once or twice per month from 2002 to 2004.

For Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

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

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

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

—

1.c

Applicant used marijuana almost daily toward the end of 2004 and continued at this pace until about May 2007.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

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

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

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

—

1.d

Applicant used cocaine three times in August 2007 and decided to stop using illegal drugs thereafter.

For Applicant

Cocaine

Experimental

Admitted

(a) any substance misuse

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

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

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

—

1.e

Applicant used GHB approximately six times and ecstasy two times during a weekend in the Fall of 2005.

For Applicant

Prescription Other Misuse

Experimental

Admitted

(a) any substance misuse

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

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

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

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES