ISCR Case 14-01095.h1

Case Headnote

ISCR Case No. 14-01095.h1

grantedMar 9, 2015· Hon. Martin H. Mogul· hearing

Summary

A 38-year-old engineer with two Master's degrees was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that in December 2008, while holding a security clearance, she purchased and used marijuana, and in June 1999, also while cleared, she used ecstasy. These incidents formed the basis for allegations that she falsified her 2013 security clearance application by failing to disclose drug involvement within the last seven years and while holding a clearance, as well as failing to disclose illegal purchase or use.

Disqualifying conditions under Guideline H included illegal drug use and involvement while holding a clearance, and under Guideline E, deliberate misrepresentation or omission. However, the judge applied several mitigating conditions. The applicant credibly testified that her drug use was infrequent and occurred over six years prior to the hearing, and she expressed a clear intent to abstain from illegal substances in the future.

Crucially, the applicant voluntarily disclosed her past drug use to a government investigator shortly after submitting her application, which the judge considered a significant mitigating factor. The judge found her omissions on the application to be inadvertent, and based on her credible testimony, mitigating evidence, and character references, the security clearance was granted.

Why the Applicant Prevailed

Applicant's drug use was infrequent and occurred over six years prior to the hearing.
She credibly testified about her intent to abstain from illegal drug use in the future.
The applicant voluntarily disclosed her drug use to a government investigator shortly after submitting her application.

Conditions Referenced

Disqualifying

H.25.araisedAny Drug Abuse
H.25.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
H.25.graisedIllegal Drug Use After Being Granted a Security Clearance
E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

H.26.aappliedThe Behavior Was so Infrequent and Happened Under Such Circumstances That It Is Unlikely to Recur
H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
E.17.aappliedThe Individual Made a Prompt, Good Faith Effort to Correct the Omission
E.17.cappliedThe Behavior Was Infrequent and Unlikely to Recur

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 issuedApr 29, 2014
Answer filedOct 15, 2014
Hearing heldJan 21, 2015
Decision dateMar 9, 2015

Cite For

Mitigating Factors for Infrequent Drug Use Under Guideline H
Credibility of Applicant's Intent to Abstain From Drug Use
Prompt Disclosure of Past Drug Use as a Mitigating Factor Under Guideline E

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	Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that she had never been involved with a drug or controlled substance while possessing a security clearance, other than previously listed.	For Applicant	Falsification Security FormNOT DELIBERATESELF-CORRECTED	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	Credited Corrected Falsification Promptly
2.b	Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that in the last seven years she had never been involved in the illegal use of illegal drugs or controlled substances, when in fact she failed to disclose the information listed on the SOR as 1.a.	For Applicant	Falsification Security FormNOT DELIBERATESELF-CORRECTED	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	Credited Corrected Falsification Promptly
2.c	Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that in the last seven years she had never been involved in the illegal purchase, manufacture, cultivation, trafficking, or production of any drug or controlled substance, when in fact she failed to disclose the information listed on the SOR as 1.a.	For Applicant	Falsification Security FormNOT DELIBERATESELF-CORRECTED	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	(a) prompt, good-faith correction before being confronted (c) offense is minor, long ago, infrequent, or unique circumstances	Credited Corrected Falsification Promptly
2.d	The conduct listed above as 1.a. and 1.b. can be considered adversely under Guideline E.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that she had never been involved with a drug or controlled substance while possessing a security clearance, other than previously listed.

For Applicant

Falsification Security FormNOT DELIBERATESELF-CORRECTED

Other

Denied

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

(a) prompt, good-faith correction before being confronted

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

Credited

Corrected Falsification Promptly

2.b

Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that in the last seven years she had never been involved in the illegal use of illegal drugs or controlled substances, when in fact she failed to disclose the information listed on the SOR as 1.a.

For Applicant

Falsification Security FormNOT DELIBERATESELF-CORRECTED

Other

Denied

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

(a) prompt, good-faith correction before being confronted

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

Credited

Corrected Falsification Promptly

2.c

Applicant falsified material facts in response to the questions under “Section 23 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that in the last seven years she had never been involved in the illegal purchase, manufacture, cultivation, trafficking, or production of any drug or controlled substance, when in fact she failed to disclose the information listed on the SOR as 1.a.

For Applicant

Falsification Security FormNOT DELIBERATESELF-CORRECTED

Other

Denied

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

(a) prompt, good-faith correction before being confronted

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

Credited

Corrected Falsification Promptly

2.d

The conduct listed above as 1.a. and 1.b. can be considered adversely under Guideline E.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The SOR alleges that in about December 2008, while holding a security clearance, Applicant purchased and used marijuana.	For Applicant	MarijuanaWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Acknowledgment and Remorse Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence Documented Signed Intent with Revocation Clause
1.b	The SOR alleges that in about June 1999, while holding a security clearance, Applicant used ecstasy.	For Applicant	MDMAWHILE CLEARED	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Acknowledgment and Remorse Claimed Acknowledgment and Remorse Documented Rehabilitation Evidence Documented Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The SOR alleges that in about December 2008, while holding a security clearance, Applicant purchased and used marijuana.

For Applicant

MarijuanaWHILE CLEARED

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

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

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

Documented

Acknowledgment and Remorse

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

Documented

Signed Intent with Revocation Clause

1.b

The SOR alleges that in about June 1999, while holding a security clearance, Applicant used ecstasy.

For Applicant

MDMAWHILE CLEARED

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

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

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

Documented

Acknowledgment and Remorse

Claimed

Acknowledgment and Remorse

Documented

Rehabilitation Evidence

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