ISCR Case 09-00301.h1

Case Headnote

ISCR Case No. 09-00301.h1

deniedJul 1, 2009· Hon. Edward W. Loughran· hearing

Summary

A 24-year-old defense contractor employee was denied a security clearance primarily due to unresolved drug involvement issues, despite some mitigating factors related to personal conduct. The applicant admitted to regular marijuana use during college, from September 2003 to May 2008, occurring about once or twice a week. He also used illegal mushrooms twice around 2004 and a painkiller recreationally on approximately five occasions between January and March 2008.

Crucially, the applicant continued to use marijuana after submitting his SF 86 in September 2008. During a November 2008 background investigation, he stated he had no plans to quit marijuana unless required and might use painkillers again, though he later expressed an intent to quit if necessary for the clearance. While there was no evidence of illegal drug use after he started his current job in October 2008, his past conduct included providing false information about drug use on a 2005 employment application for a department store.

The denial was based on Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The decision highlighted the extensive and recent nature of the applicant's drug use, including post-SF 86 submission, and his initial lack of commitment to discontinue drug use unless compelled by the clearance process.

Why the Applicant Was Denied

The applicant's drug use was extensive and occurred recently, including after submitting his SF 86.
The applicant expressed a lack of commitment to discontinue drug use until it was necessary for his clearance.

Conditions Referenced

Disqualifying

H.25(a)raisedDrug Abuse
H.25(c)raisedIllegal Drug Possession
H.25(h)raisedIntent to Continue Illegal Drug Use
E.16(b)raisedProviding False Information
E.16(e)raisedVulnerability to Exploitation

Mitigating

H.26(a)rejectedBehavior Occurred Long AgoThe applicant's drug use was extensive and recent.
H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant did not commit to being drug-free until it was necessary for his clearance.
E.17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedOct 14, 2009
Answer filedOct 26, 2009
Hearing held—Case decided on written record.
Decision dateFeb 26, 2010

Cite For

Denial of Security Clearance Due to Unresolved Drug Involvement Issues
Mitigation of Personal Conduct Concerns Despite Drug Use History
Importance of Commitment to Abstain From Drug Use 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 submitted incomplete information on his SF 86, but as discussed above, it was not intentional.	For Applicant	Omission or Failure to Disclose	—	Denied	—	—	—
2.b	Applicant provided false information about his drug use on his employment application for a department store in 2005.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Other
2.c	Applicant used marijuana after he submitted his SF 86 in September 2008. That conduct created a vulnerability to exploitation, manipulation, and duress.	For Applicant	Violation of Written Commitment	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	(e) positive steps to reduce vulnerability to exploitation	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant submitted incomplete information on his SF 86, but as discussed above, it was not intentional.

For Applicant

Omission or Failure to Disclose

—

Denied

—

2.b

Applicant provided false information about his drug use on his employment application for a department store in 2005.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

Claimed

Other

2.c

Applicant used marijuana after he submitted his SF 86 in September 2008. That conduct created a vulnerability to exploitation, manipulation, and duress.

For Applicant

Violation of Written Commitment

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

(e) positive steps to reduce vulnerability to exploitation

Claimed

Other

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant smoked marijuana on a regular basis while he was in college. From September 2003 until he graduated in May 2008, he used marijuana about once or twice a week.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	He used illegal mushrooms on two occasions in about 2004.	Against Applicant	Psilocybin	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	He used the painkiller for recreational purposes on about five occasions between January and March 2008.	Against Applicant	Prescription Opioid Misuse	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.d	He told a background investigator in November 2008 that he had no plans to quit using marijuana unless he had to, and that he might use painkillers again.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue (e) failure to complete a prescribed drug treatment program	—	—
1.e	Applicant stated he intends to quit marijuana and painkillers if he has to for clearance.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Other
1.f	There is no evidence of any illegal drug use after Applicant moved and started his current job in October 2008.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant smoked marijuana on a regular basis while he was in college. From September 2003 until he graduated in May 2008, he used marijuana about once or twice a week.

Against Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.b

He used illegal mushrooms on two occasions in about 2004.

Against Applicant

Psilocybin

Experimental

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.c

He used the painkiller for recreational purposes on about five occasions between January and March 2008.

Against Applicant

Prescription Opioid Misuse

Occasional

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

—

1.d

He told a background investigator in November 2008 that he had no plans to quit using marijuana unless he had to, and that he might use painkillers again.

Against Applicant

Stated Intent to Use Again

Not Applicable

Admitted

(a) any substance misuse

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

(g) expressed intent to continue, or failure to commit to discontinue

(e) failure to complete a prescribed drug treatment program

—

1.e

Applicant stated he intends to quit marijuana and painkillers if he has to for clearance.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

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

Claimed

Other

1.f

There is no evidence of any illegal drug use after Applicant moved and started his current job in October 2008.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

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

Documented

Abstinence Period Documented

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Case Profile

Summary

Why the Applicant Was Denied

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