ISCR Case 10-08310.h1

Case Headnote

ISCR Case No. 10-08310.h1

grantedFeb 10, 2012· Hon. Matthew E. Malone· hearing

Summary

A 24-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The government alleged the applicant made a false statement on an eQIP submitted in November 2006 by denying illegal drug use. Further allegations included marijuana use from May 2006 to February 2010, purchasing marijuana, and using it after receiving a security clearance in 2007.

The applicant was also arrested in 2008 for marijuana possession, drug paraphernalia, and using a false driver’s license to obtain alcohol. In March 2007, he was charged with speeding and possessing a fake identification card. A workplace drug screening in February 2010 confirmed marijuana use, leading to his completion of a drug rehabilitation program.

The judge found that the applicant successfully mitigated these concerns. He demonstrated a significant period of abstinence from drug use since February 2010, completed a rehabilitation program, and maintained a positive work reputation. Additionally, his personal circumstances improved, including a committed relationship with a non-drug user. Based on this evidence of rehabilitation and changed circumstances, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated a significant period of abstinence from drug use since February 2010.
He completed a drug rehabilitation program and maintained a positive reputation at work.
The applicant's personal circumstances improved, including a committed relationship with a non-drug user.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Clearance
AG ¶ 16(a)raisedFalsification of Security Questionnaire

Mitigating

AG ¶ 26(a)appliedBehavior Occurred Long Ago
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
AG ¶ 17(c)appliedMinor or Isolated Conduct
AG ¶ 17(d)appliedAcknowledgment and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
AG ¶ 17(f)appliedCeased Association with Criminal Activities

Key Rule Quoted

“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJun 10, 2011
Answer filedSep 30, 2011Applicant requested a hearing.
Hearing heldDec 1, 2011
Decision dateFeb 10, 2012

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Rehabilitation Efforts
Application of Mitigating Conditions for Personal Conduct Violations
Consideration of Personal Circumstances in Security Clearance Decisions

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	The Government alleged under Guideline E that Applicant deliberately made a false statement to the Government when he answered “no” to question 24.a (Your Use of Illegal Drugs and Drug Activity. Since the age of 16 or in the last 7 years, whichever, is shorter, have you illegally used a controlled substance, for example, marijuana...) of an Electronic Questionnaire for Investigations Processing (eQIP) he submitted on November 8, 2006 (SOR 2.a)	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.b	The Government also alleged that in March 2007, he was charged with speeding and possession of a fake identification card (SOR 2.b).	For Applicant	Rules Violation at Workplace	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.c	The Government also cross-alleged the illegal drug involvement addressed in SOR 1.a and 1.d (SOR 2.c).	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleged under Guideline E that Applicant deliberately made a false statement to the Government when he answered “no” to question 24.a (Your Use of Illegal Drugs and Drug Activity. Since the age of 16 or in the last 7 years, whichever, is shorter, have you illegally used a controlled substance, for example, marijuana...) of an Electronic Questionnaire for Investigations Processing (eQIP) he submitted on November 8, 2006 (SOR 2.a)

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.b

The Government also alleged that in March 2007, he was charged with speeding and possession of a fake identification card (SOR 2.b).

For Applicant

Rules Violation at Workplace

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

2.c

The Government also cross-alleged the illegal drug involvement addressed in SOR 1.a and 1.d (SOR 2.c).

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana from May 2006 until February 2010	For Applicant	MarijuanaWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.b	Purchased marijuana	For Applicant	MarijuanaWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.c	Used marijuana after being granted a security clearance in 2007	For Applicant	MarijuanaWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.d	Arrested in 2008 for possession of marijuana, drug paraphernalia, and obtaining alcohol with a false driver’s license	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.e	Tested positive for marijuana in a workplace drug screening in February 2010 and completed a drug rehabilitation program	For Applicant	Drug Test FailureWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana from May 2006 until February 2010

For Applicant

MarijuanaWHILE CLEARED

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

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

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

—

1.b

Purchased marijuana

For Applicant

MarijuanaWHILE CLEARED

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

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

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

—

1.c

Used marijuana after being granted a security clearance in 2007

For Applicant

MarijuanaWHILE CLEARED

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

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

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

—

1.d

Arrested in 2008 for possession of marijuana, drug paraphernalia, and obtaining alcohol with a false driver’s license

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

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

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

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

—

1.e

Tested positive for marijuana in a workplace drug screening in February 2010 and completed a drug rehabilitation program

For Applicant

Drug Test FailureWHILE CLEARED

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

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

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

—

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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