ISCR Case 02-14495.h1

Case Headnote

ISCR Case No. 02-14495.h1

grantedOct 29, 2003· Hon. Kathryn Moen Braeman· hearing

Summary

A 38-year-old defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant's history included marijuana use in 1997, which resulted in a failed urinalysis while holding a National Guard security clearance. He also admitted to a series of arrests between 1991 and 1997, including an alcohol-related arrest, writing bad checks, driving with a revoked license, probation violations, assault, and multiple DUIs.

Regarding personal conduct, the government raised concerns about the applicant's failure to fully disclose all adverse information on his security form. However, the judge was persuaded there was no intent to falsify, given the substantial other adverse information he did disclose. Even if deliberate, these omissions were considered mitigated as they were isolated, not recent, and the applicant later provided correct information voluntarily.

The applicant successfully mitigated these concerns by demonstrating a commitment to sobriety since 1997, with no marijuana use in over six years, and passing a drug test for employment. He maintained a clean record for five years without adverse incidents and provided credible evidence of successful rehabilitation, positive community contributions, and strong job performance. The judge found no intent to falsify information, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant demonstrated a commitment to sobriety and has not used drugs since 1997.
He has maintained a clean record with no adverse incidents for five years.
The applicant provided credible evidence of successful rehabilitation and positive community contributions.

Conditions Referenced

Disqualifying

H.1.araisedDrug Abuse
J.1.araisedCriminal Conduct
E.1.araisedPersonal Conduct

Mitigating

H.1appliedDrug Involvement Not Recent
H.3appliedDemonstrated Intent Not to Abuse Drugs
J.aappliedCriminal Behavior Not Recent
J.dappliedFactors Leading to Violation Not Likely to Recur
J.fappliedClear Evidence of Successful Rehabilitation
E.2appliedFalsification Was Isolated Incident

Key Rule Quoted

“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”

Procedural Posture

SOR issuedJun 20, 2003
Answer filedJul 7, 2003Notarized response admitting allegations.
Hearing heldOct 7, 2003Applicant represented himself.
Decision dateOct 29, 2003

Cite For

Mitigation of Past Drug Use Under Guideline H
Successful Rehabilitation Under Guideline J
Isolated Incident of Personal Conduct 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
3.a	While the Government raised security concerns over Applicant's personal conduct in failing to disclose fully all adverse information in answering questions 26 and 40, I am persuaded that he had no intent to falsify as he disclosed substantial other adverse information on his security form.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	—	Denied	—	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Corrected Falsification Promptly
3.b	Even were one to conclude these omissions were deliberate, they would be mitigated under MC 2. As the falsification was an isolated incident, was not recent, and the individual has subsequently provided correct information voluntarily.	For Applicant	Omission or Failure to Disclose	—	Denied	—	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Corrected Falsification Promptly

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

While the Government raised security concerns over Applicant's personal conduct in failing to disclose fully all adverse information in answering questions 26 and 40, I am persuaded that he had no intent to falsify as he disclosed substantial other adverse information on his security form.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

—

Denied

—

(b) omission/refusal followed advice of counsel; later cooperated fully

Claimed

Corrected Falsification Promptly

3.b

Even were one to conclude these omissions were deliberate, they would be mitigated under MC 2. As the falsification was an isolated incident, was not recent, and the individual has subsequently provided correct information voluntarily.

For Applicant

Omission or Failure to Disclose

—

Denied

—

(b) omission/refusal followed advice of counsel; later cooperated fully

Claimed

Corrected Falsification Promptly

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant used marijuana while on vacation in the fall of 1997 and failed a urinalysis drug test in 1997 while holding a security clearance with the National Guard.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.b	The applicant has not used marijuana since 1997 and has passed a drug test for employment qualification with Defense Contractor #1.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.c	The applicant has demonstrated a commitment to avoid all future drug use and has not used any marijuana in over six years.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant used marijuana while on vacation in the fall of 1997 and failed a urinalysis drug test in 1997 while holding a security clearance with the National Guard.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

—

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

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

—

1.b

The applicant has not used marijuana since 1997 and has passed a drug test for employment qualification with Defense Contractor #1.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

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

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

—

1.c

The applicant has demonstrated a commitment to avoid all future drug use and has not used any marijuana in over six years.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Assault or Battery	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.b	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.c	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Traffic Offense Pattern	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.d	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.e	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.f	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.g	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—
2.h	Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.) (c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant admits a series of arrests: an alcohol-related arrest from December 1991; a November 1992 arrest for writing bad checks; a February 1994 arrest and finding of guilty to driving while his license was revoked and violation of probation; a February 1996 arrest and guilty plea for assault, a March 1996 arrest and guilty finding for Driving while under the Influence (DUI) and Driving While License Revoked; and a December 1997 charge and finding of guilty for Driving with a Revoked Drivers License on a military facility in State #1.

For Applicant

Assault or Battery

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.b

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.c

For Applicant

Traffic Offense Pattern

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.d

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.e

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.f

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.g

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

2.h

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

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

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

(c) no reliable evidence the individual committed the offense

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES