ISCR Case 02-19334.h1

Case Headnote

ISCR Case No. 02-19334.h1

deniedJun 29, 2004· Hon. Roger C. Wesley· hearing

Summary

A 26-year-old engineering clerk was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had a history of illegal drug use, beginning marijuana use at age ten and continuing until at least June 1999. He also experimented with other illegal drugs and controlled substances, including LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone, and Clonazenpan.

Further issues arose from his employment as a pharmacy technician, where he stole controlled substances for personal use and distribution to friends between 1996 and May 1999. These substances were sometimes exchanged with a drug dealer for marijuana and LSD. In May 1999, he was arrested and charged with ten counts of possession of controlled substances and drug paraphernalia. He pleaded guilty, received a withheld judgment, and was placed on three years of probation, which concluded favorably in January 2001 after he completed drug counseling.

Despite completing probation and drug counseling, the judge determined that insufficient time had passed since the applicant's last drug-related offense. This history of illegal drug use and theft of controlled substances from his employer, coupled with the recent drug-related arrest and charges, raised significant security concerns regarding his judgment and reliability, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of illegal drug use and theft of controlled substances from his employer.
The applicant's drug-related arrest and charges raised serious security concerns regarding his judgment and reliability.
Insufficient time had passed since the applicant's last drug-related offense to mitigate security concerns.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Use
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
DC 1raisedAllegations or Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

MC 3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
MC 4appliedSatisfactory Completion of a Prescribed Drug Treatment Program, Including Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Credentialed Medical Professional
MC 1appliedThe Criminal Behavior Was Not Recent

Key Rule Quoted

“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”

Procedural Posture

SOR issuedOct 17, 2003
Answer filedNov 12, 2003
Hearing heldApr 28, 2004
Decision dateJun 29, 2004

Cite For

Denial of Security Clearance Due to History of Drug Abuse and Criminal Conduct
Insufficient Time for Mitigation of Security Concerns After Completion of Probation
Serious Security Concerns Raised by Theft of Controlled Substances From Employer

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

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	started smoking marijuana when he was ten years old, and continued to use marijuana with varying frequency to at least June 1999	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	experimented with the use of illegal drugs, and controlled substances to include: LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone and Clonazenpan	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	resigned from his job in May 1999 as a pharmacy technician at a local medical center from where he was stealing controlled substances for his personal use and for distribution to his friends	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d	been arrested in May 1999 and charged with 10 counts of possession of controlled substances (LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone, Phenobaribital, Oxazepam, Clonazenpan, and marijuana) and possession of drug paraphernalia, to which he plead guilty and was placed on probation for three years with judgment withheld, which terminated favorably upon his completion of drug counseling in January 2001	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

started smoking marijuana when he was ten years old, and continued to use marijuana with varying frequency to at least June 1999

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

experimented with the use of illegal drugs, and controlled substances to include: LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone and Clonazenpan

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

resigned from his job in May 1999 as a pharmacy technician at a local medical center from where he was stealing controlled substances for his personal use and for distribution to his friends

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d

been arrested in May 1999 and charged with 10 counts of possession of controlled substances (LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone, Phenobaribital, Oxazepam, Clonazenpan, and marijuana) and possession of drug paraphernalia, to which he plead guilty and was placed on probation for three years with judgment withheld, which terminated favorably upon his completion of drug counseling in January 2001

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant used illegal drugs between 1992 and May 1999 and for a three-year period spanning 1996 and 1999 stole controlled substances (anti-anxiety and pain killing drugs) from his employer, which he later swapped with a local drug dealer for marijuana and LSD, which he either used or distributed to acquaintances. Applicant later pled guilty to charges of possession of illegal drugs and drug paraphernalia and received withheld adjudication for the duration of his imposed three years of probation.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant used illegal drugs between 1992 and May 1999 and for a three-year period spanning 1996 and 1999 stole controlled substances (anti-anxiety and pain killing drugs) from his employer, which he later swapped with a local drug dealer for marijuana and LSD, which he either used or distributed to acquaintances. Applicant later pled guilty to charges of possession of illegal drugs and drug paraphernalia and received withheld adjudication for the duration of his imposed three years of probation.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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Case Profile

Summary

Why the Applicant Was Denied

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