ISCR Case 10-03920.h1

Case Headnote

ISCR Case No. 10-03920.h1

grantedSep 21, 2012· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 29-year-old electronics engineer was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed a history of illegal drug use and related activities from 1996 to 2001, including recreational use of prescription drugs (morphine and oxycodone), marijuana, and heroin. The applicant also illegally purchased, transported, and delivered various drugs during this period. He was diagnosed as opioid dependent in 2007 and had previously attended unsuccessful drug treatment programs in 1996 and 1997.

However, the applicant demonstrated significant mitigating factors. He has maintained continuous abstinence from drugs since April 2007, a period exceeding five years. He successfully completed a medically-assisted drug treatment program and continues to engage with his physician for ongoing health management.

Furthermore, the applicant signed a Statement of Intent, committing to a drug-free lifestyle and acknowledging the consequences of any future violations. These actions, demonstrating significant personal growth and a sustained commitment to sobriety, led to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant has been drug-free for over five years, demonstrating significant personal growth and maturity.
He successfully completed a medically-assisted drug treatment program and continues to engage with his physician for ongoing health management.
The applicant provided a signed statement of intent to remain drug-free, acknowledging the consequences of any future violations.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Dependency

Mitigating

AG ¶ 26(a)appliedBehavior Happened Long Ago
AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
AG ¶ 26(b)(2)appliedAvoiding the Environment Where Drugs Were Used
AG ¶ 26(b)(3)appliedAn Appropriate Period of Abstinence
AG ¶ 26(b)(4)appliedSigned Statement of Intent Regarding Drug Use
AG ¶ 17(c)appliedOffense Is Minor or Occurred Long Ago
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJan 3, 2012
Answer filedMar 1, 2012
Hearing heldSep 7, 2012
Decision dateSep 18, 2012

Cite For

Mitigation of Drug Involvement Due to Long-term Abstinence
Successful Completion of a Medically-assisted Treatment Program
Personal Growth and Maturity in Overcoming Past Conduct

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–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.c

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	You illegally used prescription drugs (morphine and oxycodone) for recreational purposes from 1996 to 2001.	For Applicant	Prescription Opioid Misuse	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.b	You illegally used marijuana on multiple occasions from 1998 to 2000.	For Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.c	You illegally tried heroin on multiple occasions until about 2000.	For Applicant	Heroin	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.d	You illegally purchased morphine, oxycodone, heroin, and marijuana on multiple occasions from about 1998 to April 2001.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.e	You purchased, transported, and delivered illegal drugs to others on multiple occasions from about 1998 to April 2001.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.f	You were diagnosed by a physician as opioid dependent in 2007.	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	(b) acknowledges involvement; evidence of action; established abstinence	Documented Substance Treatment Completed
1.g	You attended drug treatment programs in 1996 and 1997, but they were unsuccessful.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.h	You have not used drugs since April 2007 and have taken steps to avoid drug use.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.i	You signed a Statement of Intent declaring your commitment to remain drug-free.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

You illegally used prescription drugs (morphine and oxycodone) for recreational purposes from 1996 to 2001.

For Applicant

Prescription Opioid Misuse

Regular

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.b

You illegally used marijuana on multiple occasions from 1998 to 2000.

For Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.c

You illegally tried heroin on multiple occasions until about 2000.

For Applicant

Heroin

Frequent

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

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

Documented

Abstinence Period Documented

1.d

You illegally purchased morphine, oxycodone, heroin, and marijuana on multiple occasions from about 1998 to April 2001.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(a) any substance misuse

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

—

1.e

You purchased, transported, and delivered illegal drugs to others on multiple occasions from about 1998 to April 2001.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(a) any substance misuse

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

—

1.f

You were diagnosed by a physician as opioid dependent in 2007.

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

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

Documented

Substance Treatment Completed

1.g

You attended drug treatment programs in 1996 and 1997, but they were unsuccessful.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

1.h

You have not used drugs since April 2007 and have taken steps to avoid drug use.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

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

Documented

Abstinence Period Documented

1.i

You signed a Statement of Intent declaring your commitment to remain drug-free.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

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

Documented

Signed Intent with Revocation Clause

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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 CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES