ISCR Case 10-08522.h1

Case Headnote

ISCR Case No. 10-08522.h1

grantedApr 20, 2012· Hon. Jennifer I. Goldstein· hearing

Summary

A 29-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The allegations stemmed from his time in the Navy between 2005 and 2006, where he used heroin, cocaine, and marijuana multiple times per month while holding a security clearance. He also used prescribed oxycodone and Klonopin in amounts exceeding his prescriptions.

Further allegations included traveling to Canada to purchase and import heroin and cocaine, and distributing these drugs to friends. He was cited for driving under the influence of intoxicating drugs in July 2005, pleading guilty in February 2006, resulting in a suspended jail sentence, fines, and five years of probation. In November 2005, he was arrested for driving under the influence of alcohol or drugs, leading to confinement, fines, a two-year license suspension, and probation.

The clearance was granted due to significant mitigating factors. The applicant demonstrated over five years of sobriety, successfully completed a rehabilitation program, and showed substantial personal and professional growth. He provided credible evidence of rehabilitation, including positive testimonials from employers and peers, indicating he had not engaged in illegal drug use since 2006.

Why the Applicant Prevailed

The applicant has maintained sobriety for over five years and has not engaged in any illegal drug use since 2006.
He successfully completed a rehabilitation program and has demonstrated significant personal and professional growth.
The applicant provided credible evidence of his rehabilitation, including positive testimonials from employers and peers.

Conditions Referenced

Disqualifying

H.25.araisedDrug Abuse
H.25.craisedIllegal Drug Possession
H.25.graisedIllegal Use After Clearance Granted
J.30raisedCriminal Activity
J.31.araisedSerious Crime
J.31.craisedAdmission of Criminal Conduct
E.15raisedQuestionable Judgment
E.16.craisedCredible Adverse Information

Mitigating

H.26.aappliedBehavior Happened Long Ago
H.26.bappliedDemonstrated Intent Not to Abuse Drugs
J.32.aappliedTime Elapsed Since Criminal Behavior
J.32.dappliedEvidence of Successful Rehabilitation
E.17.cappliedMinor Offense or Time Passed
E.17.dappliedAcknowledgment and Counseling

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 31, 2011
Answer filedDec 20, 2011
Hearing heldMar 1, 2012
Decision dateApr 20, 2012

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Significant Rehabilitation Efforts
Successful Rehabilitation and Positive Changes in Personal Conduct Under Guideline J
Application of the Whole-person Concept in Security Clearance Determinations

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	Applicant’s past drug use and criminal behavior, to include using illegal substances after being granted an interim security clearance, demonstrates questionable judgment.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant’s past drug use and criminal behavior, to include using illegal substances after being granted an interim security clearance, demonstrates questionable judgment.

For Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

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

Claimed

Other

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used heroin 3-4 times per week.	For Applicant	HeroinWHILE CLEARED	Regular	Admitted	(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	From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used cocaine once per month.	For Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(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	From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used marijuana at least twice per month.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(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	While on active duty and holding a security clearance, Applicant used prescribed oxycodone in amounts above his prescribed dosage.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	(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	While on active duty and holding a security clearance, Applicant used Klonopin in amounts above his prescribed dosage.	For Applicant	Benzodiazepine MisuseWHILE CLEARED	Not Applicable	Admitted	(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.f	While on active duty and holding a security clearance, Applicant traveled to Canada, purchased heroin and cocaine, and brought these drugs across the border into the United States.	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(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.g	While on active duty and holding a security clearance, Applicant distributed the drugs he obtained to his friends.	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(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

From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used heroin 3-4 times per week.

For Applicant

HeroinWHILE CLEARED

Regular

Admitted

(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

From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used cocaine once per month.

For Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(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

From November 2005 through April 2006, while serving on active duty with the Navy and while holding a security clearance, Applicant used marijuana at least twice per month.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(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

While on active duty and holding a security clearance, Applicant used prescribed oxycodone in amounts above his prescribed dosage.

For Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

(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

While on active duty and holding a security clearance, Applicant used Klonopin in amounts above his prescribed dosage.

For Applicant

Benzodiazepine MisuseWHILE CLEARED

Not Applicable

Admitted

(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.f

While on active duty and holding a security clearance, Applicant traveled to Canada, purchased heroin and cocaine, and brought these drugs across the border into the United States.

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

(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.g

While on active duty and holding a security clearance, Applicant distributed the drugs he obtained to his friends.

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

(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	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	It is alleged that by these actions, Applicant violated Article 112(a) of the Uniform Code of Military Justice (UCMJ).	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.b	In July 2005, Applicant was cited for driving under the influence of intoxicating drugs. Applicant pled guilty to this charge on February 14, 2006. He was sentenced to jail time of 365 days, with 364 days suspended, required to complete an alcohol assessment and victim panel, fined $840, and placed on probation for five years.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.c	In November 2005, Applicant was arrested and charged with driving under the influence of alcohol or drugs. He was sentenced to 90 days confinement, of which 60 days were suspended. He was also fined and had his license suspended for two years. He was placed on probation.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

It is alleged that by these actions, Applicant violated Article 112(a) of the Uniform Code of Military Justice (UCMJ).

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.b

In July 2005, Applicant was cited for driving under the influence of intoxicating drugs. Applicant pled guilty to this charge on February 14, 2006. He was sentenced to jail time of 365 days, with 364 days suspended, required to complete an alcohol assessment and victim panel, fined $840, and placed on probation for five years.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.c

In November 2005, Applicant was arrested and charged with driving under the influence of alcohol or drugs. He was sentenced to 90 days confinement, of which 60 days were suspended. He was also fined and had his license suspended for two years. He was placed on probation.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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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