ISCR Case 08-10372.h1

Case Headnote

ISCR Case No. 08-10372.h1

grantedSep 22, 2009· Hon. Darlene Lokey Anderson· hearing

Summary

A 26-year-old engineer with a Bachelor’s degree was evaluated for a security clearance under Guideline H (Drug Involvement) due to past illegal drug use during his college years. The Statement of Reasons detailed several instances of drug use.

Specifically, the applicant used marijuana once or twice each summer from August 2001 until May 2008, with his last use occurring during his college graduation. He also used cocaine several times between June 2006 and May 2008, primarily at social events to fit in, and on one occasion purchased it from a coworker. Additionally, he used LSD and ecstasy once each on New Year's Eve 2007, while under the influence of other substances. The applicant also abused prescription drugs on three occasions: Percocet in 2001 for a sprained ankle, Vicodin in 2001 while partying, and Xanax in 2008 to aid sleep.

Despite these disqualifying conditions, the applicant demonstrated significant personal growth and a commitment to abstinence. He had not used illegal drugs for over fourteen months and provided a signed statement of intent to refrain from future use, with an understanding of automatic clearance revocation for any violation. Numerous letters of recommendation attested to his integrity and responsible nature. Consequently, his security clearance was GRANTED.

Why the Applicant Prevailed

The applicant has not used illegal drugs for over fourteen months and has no intention of using them again.
He provided a signed statement of intent to refrain from illegal drug use, with automatic revocation of clearance for any violation.
The applicant presented numerous letters of recommendation attesting to his integrity and responsible nature.

Conditions Referenced

Disqualifying

25(a)raisedAny Drug Abuse
25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia

Mitigating

26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future, Such As:
26(b)(1)appliedDisassociation From Drug-using Associates and Contacts
26(b)(3)appliedAn Appropriate Period of Abstinence
26(b)(4)appliedA Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”

Procedural Posture

SOR issuedMar 11, 2009
Answer filedApr 23, 2009
Hearing heldJul 14, 2009record remained open until July 28, 2009
Decision dateSep 22, 2009

Cite For

Demonstrated Intent Not to Abuse Drugs Under Guideline H
Significant Personal Growth and Rehabilitation in Drug Involvement Cases
Importance of Letters of Recommendation in Security Clearance Evaluations

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
1.a	The Applicant used marijuana in August 2001, during his first semester of college. He used it once or twice each summer until May 2008. His last use of marijuana occurred during his college graduation.	For Applicant	Marijuana	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.b	The Applicant used cocaine several times between June 2006, and May 2008. He used it with friends at social events to fit in with the crowd. He did not enjoy the effects it had on him. On one occasion, in May 2008, he purchased cocaine from a coworker for him and his friend to use.	For Applicant	Cocaine	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.c	The Applicant used LSD on one occasion on New Years Eve 2007. At the time of his use, he was under the influence of cocaine and ecstasy. An hour after using LSD, he regretted his decision to use it.	For Applicant	LSD	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.d	The Applicant used ecstasy one time on New Years 2007. At the time, he was under the influence of cocaine and LSD.	For Applicant	MDMA	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.e	The Applicant abused prescription drugs on three occasions. In 2001, he used Percoset, that he had previously been prescribed following a neck surgery, on one occasion, for a sprained ankle. He used Vicodin in 2001, on one occasion while partying with friends, and he used Xanax in 2008 on one occasion to help him sleep while in Las Vegas with a friend.	For Applicant	Prescription Opioid Misuse	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.f	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

1.a

The Applicant used marijuana in August 2001, during his first semester of college. He used it once or twice each summer until May 2008. His last use of marijuana occurred during his college graduation.

For Applicant

Marijuana

Occasional

Admitted

(a) any substance misuse

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.b

The Applicant used cocaine several times between June 2006, and May 2008. He used it with friends at social events to fit in with the crowd. He did not enjoy the effects it had on him. On one occasion, in May 2008, he purchased cocaine from a coworker for him and his friend to use.

For Applicant

Cocaine

Frequent

Admitted

(a) any substance misuse

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.c

The Applicant used LSD on one occasion on New Years Eve 2007. At the time of his use, he was under the influence of cocaine and ecstasy. An hour after using LSD, he regretted his decision to use it.

For Applicant

LSD

Experimental

Admitted

(a) any substance misuse

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.d

The Applicant used ecstasy one time on New Years 2007. At the time, he was under the influence of cocaine and LSD.

For Applicant

MDMA

Experimental

Admitted

(a) any substance misuse

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.e

The Applicant abused prescription drugs on three occasions. In 2001, he used Percoset, that he had previously been prescribed following a neck surgery, on one occasion, for a sprained ankle. He used Vicodin in 2001, on one occasion while partying with friends, and he used Xanax in 2008 on one occasion to help him sleep while in Las Vegas with a friend.

For Applicant

Prescription Opioid Misuse

Experimental

Admitted

(a) any substance misuse

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

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

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.f

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION