ISCR Case 14-02598.h1

Case Headnote

ISCR Case No. 14-02598.h1

grantedApr 29, 2015· Hon. James F. Duffy· hearing

Summary

This case involved a 32-year-old defense contractor employee whose eligibility for a security clearance was reviewed under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons (SOR) alleged that the applicant used marijuana from approximately August 1999 to December 2005, and again in November 2012. A specific concern was the single instance of marijuana use in November 2012 while holding a security clearance, which also formed the basis for a Guideline E allegation regarding personal conduct and a Guideline J allegation for criminal conduct.

Disqualifying conditions were raised under Guideline H for drug involvement and Guideline J for criminal conduct. However, the judge applied several mitigating conditions, including those related to drug involvement, personal conduct, and criminal conduct.

Ultimately, the security clearance was GRANTED. The judge found that the applicant demonstrated a convincing commitment to future abstinence from drug use, noting that he has not used marijuana since November 2012 and avoids associating with drug users. The applicant's past marijuana use was viewed as youthful indiscretion, and he expressed remorse for his actions, further supporting the decision to grant the clearance.

Why the Applicant Prevailed

The applicant demonstrated a convincing commitment to abstain from drug use in the future.
He has not used marijuana since November 2012 and does not associate with drug users.
The applicant's past marijuana use was characterized as youthful indiscretion and he has shown remorse for his actions.

Conditions Referenced

Disqualifying

H.25(a)raisedAny Drug Abuse
H.25(c)raisedIllegal Drug Possession
H.25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
J.31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
J.31(c)raisedAdmission of Criminal Conduct

Mitigating

H.26(a)appliedBehavior Happened so Long Ago or Was Infrequent
H.26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
E.17(c)appliedOffense Is Minor or Unlikely to Recur
E.17(d)appliedAcknowledged Behavior and Taken Positive Steps
J.23(a)appliedTime Elapsed Since Criminal Behavior
J.23(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 11, 2014
Answer filedSep 11, 2014
Hearing heldFeb 24, 2015Applicant waived the 15-day notice requirement.
Decision dateApr 29, 2015

Cite For

Mitigation of Drug Involvement Under Guideline H
Consideration of Personal Conduct in Light of Past Behavior
Successful Rehabilitation in Criminal Conduct Cases

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 SOR set forth a single Guideline E allegation that cross-alleged the two Guideline H allegations (SOR ¶ 2.a).	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken	Claimed Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The SOR set forth a single Guideline E allegation that cross-alleged the two Guideline H allegations (SOR ¶ 2.a).

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

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

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

(d) acknowledged the behavior; counseling/positive steps taken

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana from about August 1999 to December 2005, and once in about November 2012	For Applicant	Marijuana	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented
1.b	used marijuana while possessing a security clearance in November 2012	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	Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

used marijuana from about August 1999 to December 2005, and once in about November 2012

For Applicant

Marijuana

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

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

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

Documented

Abstinence Period Documented

1.b

used marijuana while possessing a security clearance in November 2012

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

Documented

Abstinence Period Documented

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant used marijuana in violation of the law from 1999 to 2005 and again in 2012.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	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.)	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant used marijuana in violation of the law from 1999 to 2005 and again in 2012.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

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.)

Documented

Abstinence Period Documented

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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES