ISCR Case 02-19461.h1

Case Headnote

ISCR Case No. 02-19461.h1

grantedAug 11, 2003· Hon. Paul J. Mason· hearing

Summary

A 24-year-old service desk operator for a defense contractor was granted a security clearance despite allegations under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of drug use, including marijuana 10-12 times between 1995 and 2000, LSD on three occasions between 1995 and 1996, mushrooms twice in 11th grade, ecstasy twice in late 2000 and early 2001, and cocaine twice in March 2001. Additionally, she intentionally falsified her security clearance application dated May 4, 2001, by answering "no" to a drug use question to avoid appearing unfavorable and decreasing her job prospects.

Disqualifying conditions were raised under Guideline H for drug involvement and under Guideline E for intentional falsification. However, the judge applied several mitigating conditions. The applicant's drug use was found to be isolated and not recent, with her last use occurring in March 2001.

The judge also noted the applicant's positive lifestyle changes, such as living with a non-drug user and actively avoiding drug-related environments. Her credibility and honesty during testimony further mitigated concerns regarding her past intentional falsification. Ultimately, the security clearance was granted.

Why the Applicant Prevailed

The applicant's drug use was isolated and not recent, with the last use occurring in 2000.
The applicant demonstrated positive lifestyle changes, including living with a non-drug user and avoiding drug-related environments.
The applicant's credibility and honesty in her testimony mitigated concerns about her past intentional falsification.

Conditions Referenced

Disqualifying

H DC 1raisedAny Drug Use
H DC 2raisedIllegal Drug Possession, Including Purchase
E DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

H MC 1appliedThe Drug Involvement Was Not Recent
H MC 2appliedThe Drug Involvement Was an Isolated or Aberrational Event
H MC 3appliedA Demonstrated Intent Not to Abuse Drugs in the Future
E MC 2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyThe falsification occurred less than two years ago and was not disclosed voluntarily.

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedSep 20, 2002
Answer filedOct 23, 2002
Hearing heldMay 7, 2003
Decision dateAug 11, 2003

Cite For

Mitigation of Drug Use Under Guideline H Due to Isolated Incidents and Time Elapsed
Credibility as a Factor in Mitigating Personal Conduct Issues Under Guideline E
Application of the Whole Person Concept in Evaluating Security Clearance Suitability

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	Applicant intentionally falsified her security clearance application (SCA) dated May 4, 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Other
2.b	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally falsified her security clearance application (SCA) dated May 4, 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(b) deliberately providing false information to an investigator or official

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

Claimed

Other

2.b

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In March 2001, Applicant (along with several other contestants) entered and won a local radio contest giving her an opportunity to spend an entire week at a popular beach location. During the week, she used small amounts of cocaine on two occasions.	For Applicant	Cocaine	Occasional	Admitted	—	—	—
1.b	In December 2000 and January 2001, curiosity prompted Applicant to use ecstasy on two occasions.	For Applicant	MDMA	Occasional	Admitted	—	—	—
1.c	Applicant used marijuana 10 to 12 times between 1995 and 2000 in a group setting.	For Applicant	Marijuana	Frequent	Admitted	—	—	—
1.d	Curiosity and peer pressure played a part in Applicant's use of mushrooms on two occasions while in the 11th grade.	For Applicant	Psilocybin	Occasional	Admitted	—	—	—
1.e	Applicant used LSD on three occasions between 1995 and 1996 while in high school. She contributed $5.00 toward the purchase of LSD when she used the drug a third and last time in 1996.	For Applicant	LSD	Occasional	Admitted	—	—	—
1.f	When Applicant filled out the SCA in May 2001, she was not using drugs. Applicant answered "no" to question 24 (drug use question) of the SCA because she did not want to look bad, and decrease her chances of getting a job.	For Applicant	Drug Use During ClearanceWHILE 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

In March 2001, Applicant (along with several other contestants) entered and won a local radio contest giving her an opportunity to spend an entire week at a popular beach location. During the week, she used small amounts of cocaine on two occasions.

For Applicant

Cocaine

Occasional

Admitted

—

1.b

In December 2000 and January 2001, curiosity prompted Applicant to use ecstasy on two occasions.

For Applicant

MDMA

Occasional

Admitted

—

1.c

Applicant used marijuana 10 to 12 times between 1995 and 2000 in a group setting.

For Applicant

Marijuana

Frequent

Admitted

—

1.d

Curiosity and peer pressure played a part in Applicant's use of mushrooms on two occasions while in the 11th grade.

For Applicant

Psilocybin

Occasional

Admitted

—

1.e

Applicant used LSD on three occasions between 1995 and 1996 while in high school. She contributed $5.00 toward the purchase of LSD when she used the drug a third and last time in 1996.

For Applicant

LSD

Occasional

Admitted

—

1.f

When Applicant filled out the SCA in May 2001, she was not using drugs. Applicant answered "no" to question 24 (drug use question) of the SCA because she did not want to look bad, and decrease her chances of getting a job.

For Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES