ISCR Case 09-02312.h1

Case Headnote

ISCR Case No. 09-02312.h1

deniedFeb 2, 2010· Hon. Noreen A. Lynch· hearing

Summary

A 29-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use, including marijuana, cocaine, hallucinogenic mushrooms, LSD, Ecstasy, and unprescribed Ritalin and Percocet, primarily between 1998 and 2007. Notably, he admitted to using marijuana on two occasions in 2005 and 2007 while employed by his current defense contractor and holding a security clearance.

Further concerns arose from the applicant's failure to disclose his illegal drug use on his 2002 security clearance application and subsequent omissions while holding a clearance. Despite his educational achievements and positive work performance, the judge found that his drug use while cleared and his deliberate omissions raised significant doubts about his reliability and trustworthiness.

The denial was based on the applicant's use of illegal drugs, specifically marijuana, after being granted a security clearance, and his deliberate omission of drug use history from his initial application. These actions indicated poor judgment and raised questions about his honesty and reliability, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant used illegal drugs, including marijuana, while holding a security clearance.
He deliberately omitted his drug use history from his initial security clearance application, raising questions about his honesty and reliability.
The applicant's last use of marijuana occurred after he had been granted a security clearance, indicating poor judgment.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
AG ¶ 16(a)raisedDeliberate Omission of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information

Mitigating

AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant signed a statement of intent to avoid drug use in the future.
AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct OmissionsThe applicant disclosed his drug use in his 2008 application.

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 2, 2009
Answer filed—
Hearing heldJan 26, 2009
Decision date—

Cite For

Disqualifying Conditions Related to Drug Involvement Under Guideline H
Personal Conduct Concerns Due to Deliberate Omissions on Security Clearance Applications
The Importance of Honesty and Candor in the Security Clearance Process.

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	You used marijuana after you had been granted a Department of Defense Industrial Security clearance in about June 2003.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	You failed to disclose illegal drug use on your security clearance application in 2002.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	You failed to disclose illegal drug use while holding a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

You used marijuana after you had been granted a Department of Defense Industrial Security clearance in about June 2003.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.b

You failed to disclose illegal drug use on your security clearance application in 2002.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.c

You failed to disclose illegal drug use while holding a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	From 1998 until July 2007, Applicant used marijuana. He purchased and used marijuana in social settings in college from 1998 until 2002. Applicant believed his use in his second year of college was about once a week. He did not use marijuana as frequently in his last two years of college (maybe once a month) because he was not living with his fraternity brothers. He also decided it was not good for his memory, and his finances.	Against Applicant	Marijuana	Regular	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	Applicant also experimented with cocaine, hallucinogenic mushrooms, LSD, and Ecstasy. He used Ritalin and Percocet in 2000, which were not prescribed to him.	Against Applicant	Cocaine	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	Applicant admits using marijuana on two occasions while working for his current defense contractor and holding a security clearance. He described an incident in July 2005, when he purchased a small bag of marijuana for $10. He smoked the marijuana cigarettes on the beach with his college buddy. In July 2007, he was at a concert with friends and was offered a marijuana cigarette. He 'put it to his lips' and inhaled a very small amount. He claims he immediately removed himself from the situation.	Against Applicant	MarijuanaWHILE CLEARED	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	Applicant used and purchased cocaine in 2000 until at least 2001. He estimates that he used the cocaine about five times. His last use was not pleasant. He did not feel well and became scared. He went to the hospital for fear that something was wrong. Applicant stopped using cocaine because it was a 'horrifying experience'.	Against Applicant	Cocaine	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.e	Applicant used mushrooms on two occasions between 1999 and 2001. He recalls that trying the mushrooms was a fun experience.	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.f	Applicant used Ecstasy in 2000 on a trip with some college friends.	Against Applicant	MDMA	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.g	Applicant used LSD from 1999 until at least 2000.	Against Applicant	LSD	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.h	Applicant used Ritalin and Percocet in 2000, which were not prescribed to him.	Against Applicant	Prescription Stimulant Misuse	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.i	specific text not stated in this decision	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

From 1998 until July 2007, Applicant used marijuana. He purchased and used marijuana in social settings in college from 1998 until 2002. Applicant believed his use in his second year of college was about once a week. He did not use marijuana as frequently in his last two years of college (maybe once a month) because he was not living with his fraternity brothers. He also decided it was not good for his memory, and his finances.

Against Applicant

Marijuana

Regular

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

Applicant also experimented with cocaine, hallucinogenic mushrooms, LSD, and Ecstasy. He used Ritalin and Percocet in 2000, which were not prescribed to him.

Against Applicant

Cocaine

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

Applicant admits using marijuana on two occasions while working for his current defense contractor and holding a security clearance. He described an incident in July 2005, when he purchased a small bag of marijuana for $10. He smoked the marijuana cigarettes on the beach with his college buddy. In July 2007, he was at a concert with friends and was offered a marijuana cigarette. He 'put it to his lips' and inhaled a very small amount. He claims he immediately removed himself from the situation.

Against Applicant

MarijuanaWHILE CLEARED

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

Applicant used and purchased cocaine in 2000 until at least 2001. He estimates that he used the cocaine about five times. His last use was not pleasant. He did not feel well and became scared. He went to the hospital for fear that something was wrong. Applicant stopped using cocaine because it was a 'horrifying experience'.

Against Applicant

Cocaine

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.e

Applicant used mushrooms on two occasions between 1999 and 2001. He recalls that trying the mushrooms was a fun experience.

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.f

Applicant used Ecstasy in 2000 on a trip with some college friends.

Against Applicant

MDMA

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.g

Applicant used LSD from 1999 until at least 2000.

Against Applicant

LSD

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.h

Applicant used Ritalin and Percocet in 2000, which were not prescribed to him.

Against Applicant

Prescription Stimulant Misuse

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.i

specific text not stated in this decision

Against Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

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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