ISCR Case 01-08717.h1

Case Headnote

ISCR Case No. 01-08717.h1

grantedJun 24, 2002· Hon. Roger C. Wesley· hearing

Summary

A 44-year-old security guard was granted a security clearance despite concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). Allegations included indebtedness to the IRS for taxes from 1994-1999, totaling $4,092.00, which was reduced to approximately $2,842.00 by March 2002 through a payroll reduction agreement. He also owed state taxes for 1993 and 1999, initially subject to a salary lien, but reduced to $380.55 by March 2002 through consistent weekly payments. Additionally, he had a consumer debt, bringing his total delinquent debts to over $1,500.00.

Regarding drug involvement, the applicant admitted to using illegal drugs between 1967 and 1982 and tested positive for THC in an employer-administered test on August 27, 1998.

The clearance was granted because the applicant successfully mitigated these concerns. He demonstrated a long history of abstinence from drug use since 1982, supported by a subsequent negative drug test. His explanation of passive inhalation for the 1998 positive test was found credible, given the minimal THC levels. Furthermore, he provided documented payment arrangements for his tax debts, demonstrating a good-faith effort to resolve his financial obligations.

Why the Applicant Prevailed

The applicant demonstrated a long history of abstinence from drug use since 1982, with a negative drug test following the positive test in 1998.
He provided credible explanations for his positive drug test, attributing it to passive inhalation rather than personal use.
The applicant has made documented payment arrangements for his tax debts, showing a good-faith effort to resolve his financial issues.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Use.
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
DC 1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
DC 6raisedAssociation with Persons Involved in Criminal Activity.

Mitigating

MC 1appliedThe Drug Involvement Was Not Recent.
MC 2appliedThe Drug Involvement Was an Isolated or Aberrational Event.
MC 3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.
MC 1appliedThe Behavior Was Not Recent.
MC 3appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts.

Key Rule Quoted

“"A decision to grant or continue an Applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest."”

Procedural Posture

SOR issuedOct 16, 2001
Answer filedNov 2, 2001
Hearing heldMay 14, 2002
Decision dateJun 24, 2002

Cite For

Mitigation of Drug Use Concerns Based on Long-term Abstinence
Credibility of Passive Inhalation Claims in Drug Testing Cases
Good-faith Efforts to Resolve Financial Delinquencies as a Mitigating Factor.

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–3.b	2 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

3.a–3.b

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

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant is indebted to the IRS for taxes imposed between 1994 and 1999. As of March 2002, IRS tax records reflect a total balance in federal taxes of $4,092.00. Applicant, who entered into a payroll reduction agreement with the IRS in June 2000 is credited at hearing with paying $1,250.00 towards the balance due, leaving a current balance of approximately $2,842.00. $2,842	For Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
1.b	Following the state's filing of a salary lien against Applicant for back taxes owed for tax years 1993 and 1999, Applicant entered into a payroll deduction plan calling for payroll deductions of $25.00 a week until discharged. Applicant has continued to pay down this lien through payroll deductions. As the result of his efforts, the state's comptroller issued a lien modification to Applicant's employer in November 2001, reflecting a total balance due of $1,145.45. Applicant's weekly payments towards satisfaction of the lien are current as of March 2002, and his latest furnished balance from the state's taxing agency reflects a current debt of just $380.55: this attributable to a debt balance traceable to the 1993 tax year. $380	For Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full
1.c	Applicant is alleged to be indebted on delinquent debts attributable to two creditors, one being for back state taxes for the tax years of 1993 and 1999, respectively, and the other on a consumer debt, aggregating debts in excess of $1,500.00 between them. $1,500	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	(c) received/receiving counseling; problem being resolved	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant is indebted to the IRS for taxes imposed between 1994 and 1999. As of March 2002, IRS tax records reflect a total balance in federal taxes of $4,092.00. Applicant, who entered into a payroll reduction agreement with the IRS in June 2000 is credited at hearing with paying $1,250.00 towards the balance due, leaving a current balance of approximately $2,842.00.

$2,842

For Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

1.b

Following the state's filing of a salary lien against Applicant for back taxes owed for tax years 1993 and 1999, Applicant entered into a payroll deduction plan calling for payroll deductions of $25.00 a week until discharged. Applicant has continued to pay down this lien through payroll deductions. As the result of his efforts, the state's comptroller issued a lien modification to Applicant's employer in November 2001, reflecting a total balance due of $1,145.45. Applicant's weekly payments towards satisfaction of the lien are current as of March 2002, and his latest furnished balance from the state's taxing agency reflects a current debt of just $380.55: this attributable to a debt balance traceable to the 1993 tax year.

$380

For Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

1.c

Applicant is alleged to be indebted on delinquent debts attributable to two creditors, one being for back state taxes for the tax years of 1993 and 1999, respectively, and the other on a consumer debt, aggregating debts in excess of $1,500.00 between them.

$1,500

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) received/receiving counseling; problem being resolved

Documented

Debt Paid in Full

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	used illegal drugs with varying frequency between 1967 and 1982	For Applicant	Marijuana	Frequent	Denied	—	(b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	—
2.b	tested positive for tetrahydrocannabinol (THC) in a randomly administered test conducted by his employer (Company A) on August 27, 1998	For Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

used illegal drugs with varying frequency between 1967 and 1982

For Applicant

Marijuana

Frequent

Denied

—

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

(c) prescription abuse followed a prolonged illness and has since ended

—

2.b

tested positive for tetrahydrocannabinol (THC) in a randomly administered test conducted by his employer (Company A) on August 27, 1998

For Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

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

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

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES