ISCR Case 03-19244.h1

Case Headnote

ISCR Case No. 03-19244.h1

grantedJan 24, 2005· Hon. Henry Lazzaro· hearing

Summary

A 25-year-old engineer and recent college graduate was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The allegations stemmed from past drug abuse and the falsification of a security clearance application submitted to another government agency in June 2000. Specifically, the applicant had abused various controlled substances in college, including marijuana, Ritalin, nitrous oxide, ecstasy, and LSD, and had occasionally purchased or contributed to the purchase of these drugs. He also acted as a middleman in one ecstasy sale and lied to police about his drug use to protect a scholarship.

The applicant's initial security clearance application in June 2000 failed to disclose the full extent of his drug use, constituting a deliberate omission of material facts and a pattern of dishonesty. This conduct raised concerns about his vulnerability to coercion and potential for rule violations.

However, the judge found that the applicant had mitigated these concerns. Evidence showed significant personal growth since his past drug use and falsification. His drug involvement was deemed a youthful indiscretion and was not recent. Furthermore, he provided credible character references attesting to his trustworthiness and integrity, and demonstrated honesty in subsequent disclosures. Based on these mitigating factors, the security clearance was granted.

Why the Applicant Prevailed

The applicant demonstrated significant personal growth since his past drug use and falsification of information.
He provided credible character references attesting to his trustworthiness and integrity.
The applicant's drug involvement was not recent and was characterized as youthful indiscretion.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Abuse
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
DC 5raisedA Pattern of Dishonesty or Rule Violations

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 Drugs in the Future
MC 2appliedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily
MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress

Key Rule Quoted

“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person's trustworthiness and fitness for access to classified information.”

Procedural Posture

SOR issuedMay 7, 2004
Answer filedJun 17, 2004
Hearing heldDec 1, 2004
Decision dateJan 24, 2005

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Evidence of Personal Growth
Consideration of Youthful Indiscretion in Past Conduct
Importance of Credible Character References in Security Clearance Decisions

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	The deliberate omission, concealment, or falsification of relevant and material facts from any personal security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Corrected Falsification Promptly
2.b	Personal conduct or concealment of information that increases an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which, if known, may affect the person's personal, professional, or community standing or render the person susceptible to blackmail.	For Applicant	Concealment Creating Coercion VulnerabilityFOUND DELIBERATE	Drug Involvement	Admitted	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(e) positive steps to reduce vulnerability to exploitation	Claimed Corrected Falsification Promptly
2.c	A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(e) personal conduct or concealment creating vulnerability to exploitation	(e) positive steps to reduce vulnerability to exploitation	Claimed Corrected Falsification Promptly
2.d–2.e	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personal security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

Claimed

Corrected Falsification Promptly

2.b

Personal conduct or concealment of information that increases an individual's vulnerability to coercion, exploitation or duress, such as engaging in activities which, if known, may affect the person's personal, professional, or community standing or render the person susceptible to blackmail.

For Applicant

Concealment Creating Coercion VulnerabilityFOUND DELIBERATE

Drug Involvement

Admitted

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) positive steps to reduce vulnerability to exploitation

Claimed

Corrected Falsification Promptly

2.c

A pattern of dishonesty or rule violations, including violation of any written or recorded agreement made between the individual and the agency.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

(e) personal conduct or concealment creating vulnerability to exploitation

(e) positive steps to reduce vulnerability to exploitation

Claimed

Corrected Falsification Promptly

2.d–2.e

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant abused a variety of controlled substances while in college.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(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	—
1.b	The applicant failed to disclose the full extent of his drug use in a security clearance application he submitted to another government agency in June 2000.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(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	—
1.c	The applicant used marijuana about 40-50 times, Ritalin four times, nitrous oxide about 10 times, ecstasy about 10-15 times, and LSD one time.	For Applicant	Marijuana	Frequent	Admitted	—	(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	—
1.d	The applicant occasionally purchased or contributed to the purchase of marijuana, nitrous oxide, ecstasy, and LSD.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	(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	—
1.e	The applicant purchased psychedelic mushrooms for $20.00 that he intended to use until he learned they had been grown in manure.	For Applicant	Psilocybin	Not Applicable	Admitted	—	(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	—
1.f	The applicant acted as a middleman in the sale of ecstasy on one occasion.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	(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	—
1.g	The applicant lied to the police about his drug use to protect himself from losing his scholarship.	For Applicant	Unspecified Drug InvolvementRelated Misconduct	Not Applicable	Admitted	—	(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	—
1.h	The applicant submitted a security clearance application (SF 86) on June 8, 2000, and failed to disclose the full extent of his abuse of controlled substances.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(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	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant abused a variety of controlled substances while in college.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

(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

—

1.b

The applicant failed to disclose the full extent of his drug use in a security clearance application he submitted to another government agency in June 2000.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

(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

—

1.c

The applicant used marijuana about 40-50 times, Ritalin four times, nitrous oxide about 10 times, ecstasy about 10-15 times, and LSD one time.

For Applicant

Marijuana

Frequent

Admitted

—

(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

—

1.d

The applicant occasionally purchased or contributed to the purchase of marijuana, nitrous oxide, ecstasy, and LSD.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

(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

—

1.e

The applicant purchased psychedelic mushrooms for $20.00 that he intended to use until he learned they had been grown in manure.

For Applicant

Psilocybin

Not Applicable

Admitted

—

(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

—

1.f

The applicant acted as a middleman in the sale of ecstasy on one occasion.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

(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

—

1.g

The applicant lied to the police about his drug use to protect himself from losing his scholarship.

For Applicant

Unspecified Drug InvolvementRelated Misconduct

Not Applicable

Admitted

—

(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

—

1.h

The applicant submitted a security clearance application (SF 86) on June 8, 2000, and failed to disclose the full extent of his abuse of controlled substances.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(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

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES