ISCR Case 09-00629.h1

Case Headnote

ISCR Case No. 09-00629.h1

deniedJan 27, 2010· Hon. Roger C. Wesley· hearing

Summary

A 25-year-old engineer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant's history included a March 2008 arrest for felony possession of psilocybin and possession of marijuana by driver. He pleaded guilty to the psilocybin charge in April 2008, receiving a deferred entry of judgment, three years probation, and orders for drug counseling, four weekly 12-step meetings, and a fine.

Further issues included admitted psilocybin use in May 2005 and purchase in 2005, along with marijuana use at least three times between January 2004 and August 2005. The applicant also falsified interrogatory answers in April 2009 by denying prior illegal drug purchases. Additionally, he was indebted to a local municipality for $2,200 in accumulated parking tickets.

The denial was based on the applicant remaining on probation for drug offenses, his failure to provide documentation of compliance with court-imposed probation conditions, and his failure to address the accumulated parking tickets, which indicated a pattern of disregard for rules.

Why the Applicant Was Denied

The applicant was on probation for drug-related offenses, raising ongoing security concerns.
The applicant failed to provide documentation of compliance with court-imposed probation conditions.
The applicant's failure to address accumulated parking tickets indicated a pattern of disregard for rules and regulations.

Conditions Referenced

Disqualifying

DC ¶ 25(a)raisedDrug Abuse
DC ¶ 25(c)raisedIllegal Possession
DC ¶ 31(a)raisedSerious Crime
DC ¶ 31(c)raisedAdmission of Criminal Conduct
DC ¶ 16(d)raisedCredible Adverse Information

Mitigating

MC ¶ 26(a)rejectedBehavior Happened Long AgoThe applicant's drug use and criminal conduct were recent and ongoing.
MC ¶ 26(b)rejectedPeriod of AbstinenceThe applicant did not provide sufficient evidence of sustained abstinence from illegal drugs.
MC ¶ 17(d)appliedAcknowledgment of BehaviorThe applicant acknowledged his past behavior but lacked evidence of corrective action.

Key Rule Quoted

“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
— Executive Order 10865

Procedural Posture

SOR issuedJul 7, 2009
Answer filedAug 5, 2009
Hearing heldOct 6, 2009
Decision dateJan 27, 2010

Cite For

Ongoing Security Concerns Due to Probation Status for Drug Offenses
Impact of Unresolved Legal Issues on Security Clearance Eligibility
Importance of Documentation in Mitigating Security Risks

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	Falsified material facts in his interrogatory answers, signed and notarized in April 2009, by answering no to a question inquiring about any prior purchases of illegal drugs	For Applicant	Falsification Security FormNOT DELIBERATE	Other	Denied	—	—	—
3.b	Indebted to a local municipality for $2,200 in accumulated parking tickets	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Falsified material facts in his interrogatory answers, signed and notarized in April 2009, by answering no to a question inquiring about any prior purchases of illegal drugs

For Applicant

Falsification Security FormNOT DELIBERATE

Other

Denied

—

3.b

Indebted to a local municipality for $2,200 in accumulated parking tickets

Against Applicant

Rules Violation at Workplace

—

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	was arrested in March 2008 for possession of a controlled substance (psilocybin), a felony, and possession of marijuana by driver; to which he pleaded guilty and received a deferred entry of judgment for count I (with count II dismissed) and was placed on three years probation and ordered to complete drug counseling, attend four 12-step meetings weekly, and pay a fine	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	used psilocybin on at least one occasion in approximately May 2005	Against Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.c	purchased psilocybin on at least one occasion in approximately 2005	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.d	used marijuana at least three times from January 2004 to about August 2005	Against Applicant	Marijuana	Experimental	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

was arrested in March 2008 for possession of a controlled substance (psilocybin), a felony, and possession of marijuana by driver; to which he pleaded guilty and received a deferred entry of judgment for count I (with count II dismissed) and was placed on three years probation and ordered to complete drug counseling, attend four 12-step meetings weekly, and pay a fine

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

(a) any substance misuse

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

—

1.b

used psilocybin on at least one occasion in approximately May 2005

Against Applicant

Psilocybin

Experimental

Admitted

—

1.c

purchased psilocybin on at least one occasion in approximately 2005

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

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

—

1.d

used marijuana at least three times from January 2004 to about August 2005

Against Applicant

Marijuana

Experimental

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In March 2008, Applicant was arrested for possession of psilocybin mushrooms and possession of marijuana by driver. He pleaded guilty to the psilocybin possession charge in April 2008 and received a deferred entry of judgment on the charge, subject to his being placed on three years probation and ordered to complete drug counseling, attend four 12-step meetings, and pay a fine.	Against Applicant	Drug Related Criminal Charge	Convicted	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

2.a

In March 2008, Applicant was arrested for possession of psilocybin mushrooms and possession of marijuana by driver. He pleaded guilty to the psilocybin possession charge in April 2008 and received a deferred entry of judgment on the charge, subject to his being placed on three years probation and ordered to complete drug counseling, attend four 12-step meetings, and pay a fine.

Against Applicant

Drug Related Criminal Charge

Convicted

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 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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES