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ISCR Case 02-00380.h1 — CASE

ISCR Case 02-00380.h1granted

Case Headnote

ISCR Case No. 02-00380.h1

grantedDec 9, 2003· Hon. Joseph Testan· hearing

Summary

This DOHA security clearance decision involved a 30-year-old defense contractor whose eligibility was reviewed under Guideline H (Drug Involvement). The Statement of Reasons detailed several instances of past illegal drug use. Specifically, the applicant used marijuana with varying frequency, including daily use at times, from approximately 1995 to May 2001. He also used psilocybin mushrooms once in 1992 and LSD three times between 1992 and 1995. Additionally, the applicant used cocaine about 24 times from July through December 2000.

These allegations raised disqualifying conditions E2.A8.1.2.1 and E2.A8.1.2.2. However, the decision ultimately applied mitigating conditions E2.A8.1.3.1 and E2.A8.1.3.3.

The clearance was granted because the applicant demonstrated approximately two years of abstinence from illegal drug use, having ceased all use in May 2001. He also provided a credible statement of his intention to refrain from future illegal drug use.

Why the Applicant Prevailed

The applicant has abstained from illegal drug use since May 2001.
He credibly stated his intention not to use illegal drugs in the future.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedAny Drug Abuse.
E2.A8.1.2.2raisedIllegal Drug Possession and Purchase.

Mitigating

E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent.
E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.

Key Rule Quoted

“The evidence establishes that applicant used marijuana with varying frequency... This conduct reflects adversely on applicant's judgment, reliability and trustworthiness, and suggests that he cannot be relied upon to safeguard classified information.”

Procedural Posture

SOR issuedFeb 5, 2003
Answer filedMar 11, 2003Applicant elected to have his case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateDec 9, 2003

Cite For

Demonstrated Intent Not to Abuse Drugs Under Guideline H
Significance of Abstinence Duration in Security Clearance Cases
Impact of Past Drug Use on Judgment and Reliability Assessments

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: granted

The applicant had a history of drug use, including marijuana, psilocybin, LSD, and cocaine, but has abstained from illegal drugs since May 2001. His two years of abstinence and credible intention not to use illegal drugs in the future were sufficient to mitigate concerns under Guideline H, leading to the granting of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency, at times daily, from approximately 1995 to May 2001.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.b	Applicant used psilocybin mushrooms once in 1992.	For Applicant	Psilocybin	Experimental	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.c	Applicant used LSD three times between 1992 and 1995.	For Applicant	LSD	Experimental	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.d	Applicant used cocaine about 24 times from July through December 2000.	For Applicant	Cocaine	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

DATE: December 9, 2003 In Re: ----------------------- SSN: ----------- Applicant for Security Clearance ISCR Case No. 02-00380 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

SYNOPSIS Applicant's approximately two years of abstinence, together with his credibly stated intention not to use illegal drugs in the future, is sufficient to overcome the Government's case under Guideline H. Clearance is granted.

STATEMENT OF CASE

On February 5, 2003, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) to applicant which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. Applicant responded to the SOR in writing on March 11, 2003, and elected to have his case determined on a written record in lieu of a hearing. Department Counsel submitted the Government's written case (FORM) on or about May 9, 2003. Applicant did not file a response to the FORM. The case was assigned to me on June 18, 2003.

FINDINGS OF FACT

Applicant is a 30 year old employee of a defense contractor. Applicant used marijuana with varying frequency, at times daily, from approximately 1995 to May 2001. He used it to help him relax. He purchased marijuana an unknown amount of times. Applicant used psilocybin mushrooms once in 1992, LSD three times between 1992 and 1995, and cocaine about 24 times from July through December 2000. He purchased cocaine once. Applicant last used an illegal drug (marijuana) in May 2001, about a week before he filled out his security clearance application. In his response to the FORM, applicant stated that prior to obtaining his current employment, he did not consider the impact drug use might have on his career. Now that he knows drug use is incompatible with his career plans, he is motivated to abstain from any future use. In both a signed, sworn statement that he gave to the Defense Security Service (DSS) in July 2001, and in his response to the FORM, applicant stated that he did not intend to use illegal drugs in the future.

POLICIES

Enclosure 2 of the Directive sets forth Guidelines (divided into Disqualifying Factors and Mitigating Factors) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: Drug Involvement Disqualifying Factors E2.A8.1.2.1: Any drug abuse. E2.A8.1.2.2: Illegal drug possession and purchase. Mitigating Factors E2.A8.1.3.1: The drug involvement was not recent. E2.A8.1.3.3: A demonstrated intent not to abuse any drugs in the future.

CONCLUSION

The evidence establishes that applicant used marijuana with varying frequency, at times daily, from approximately 1995 to May 2001. The evidence further establishes that applicant used other illegal drugs; namely, psilocybin mushrooms once in 1992, LSD three times between 1992 and 1995, and cocaine 24 times from July through December 2000. This conduct reflects adversely on applicant's judgment, reliability and trustworthiness, and suggests that he cannot be relied upon to safeguard classified information. Applicant has abstained from the use of illegal drugs since May 2001. His approximately two years of abstinence, together with his credibly stated intention not to use illegal drugs in the future, is sufficient to overcome the Government's case under Guideline H. Accordingly, it is now clearly consistent with the national interest to grant him access to classified information.

FORMAL FINDINGS

PARAGRAPH 1: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge

FOOTNOTES

02-00380.h1 FOR GOVERNMENT Melvin A. Howry, Department Counsel FOR APPLICANT Pro Se file:///usr.osd.mil/...omputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/02-00380.h1.html[6/24/2021 10:45:32 AM] 02-00380.h1