ISCR Case 03-23483.h1

Case Headnote

ISCR Case No. 03-23483.h1

grantedApr 20, 2006· Hon. Barry M. Sax· hearing

Summary

A 48-year-old engineer was granted a security clearance despite a history of drug involvement, primarily under Guideline H. Allegations included marijuana use from 1975 to 1989 and again from April to December 2002, with daily use at times. He tested positive for marijuana in December 2002, leading to a one-week suspension, referral to an Employee Assistance Program (EAP), and subsequent outpatient substance abuse counseling for cannabis dependence from February to April 2003.

His marijuana use continued after receiving a DoD security clearance in June 2000 and after being granted access to Sensitive Compartmented Information (SCI) by another government agency. His SCI access was revoked in February 2003 following the positive drug test, and he had previously signed an acknowledgment in August 2001 regarding the consequences of unlawful drug use. Additionally, he received two citations for marijuana possession in the late 1970s and early 1980s, and used cocaine approximately six times during college between 1976 and 1981.

The clearance was granted because the applicant demonstrated substantial rehabilitation. This included engaging in outpatient counseling, attending a 12-step program, and receiving positive evaluations from both mental health professionals and his employer regarding his integrity and work ethic. The judge noted that his last drug use occurred over three years prior to the hearing, indicating a significant period of abstinence and a current possession of the judgment and reliability required for a security clearance.

Why the Applicant Prevailed

The applicant demonstrated substantial rehabilitation through outpatient counseling and participation in a 12-step program.
He received positive evaluations from mental health professionals and his employer regarding his integrity and work ethic.
The last drug use occurred over three years prior to the hearing, indicating a significant passage of time without recurrence.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Abuse
DC 2raisedIllegal Drug Possession

Mitigating

MC 1appliedThe Drug Involvement Was Not Recent
MC 3appliedDemonstrated Intent Not to Abuse Drugs in the Future
MC 4appliedSatisfactorily Completed a Prescribed Drug Treatment Program

Key Rule Quoted

“The ultimate issue is not one of punishment but of the likelihood of unacceptable future conduct.”

Procedural Posture

SOR issuedSep 9, 2005
Answer filedOct 4, 2005
Hearing heldMar 6, 2006
Decision dateApr 20, 2006

Cite For

Substantial Rehabilitation Under Guideline H
Impact of Time Elapsed Since Last Drug Use on Security Clearance Eligibility
Importance of Positive Evaluations From Mental Health Professionals in Mitigation Cases

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	Applicant used marijuana, with varying frequency, at times daily, from about 1975 to late 1989, and then again from April 2002 to at least December 2002.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(c) prescription abuse followed a prolonged illness and has since ended	—
1.b	Applicant tested positive for marijuana during a random drug test conducted by his employer on December 20, 2002. He was suspended for one week without pay and referred to his company's Employee Assistance Program (EAP) office.	For Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	Applicant was evaluated for Substance Abuse by an EAP counselor and attended four EAP sessions in January 2003. You were referred for extensive outpatient substance abuse counseling.	For Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
1.d	You received treatment from February 13, 2003 to April 10, 2003 for a condition described as cannabis dependence.	For Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
1.e	Applicant used marijuana after he had been granted a DoD security clearance on June 17, 2000.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.f	Applicant used marijuana after he had been granted access to Sensitive Compartmented Information (SCI) by another Government agency.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.g	Applicant's SCI access was revoked on February 19, 2003, based on his positive drug test as cited in 1.b., above.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.h	Applicant continued to use marijuana after he signed a document on August 16, 2001 in which he acknowledged that unlawful use of any narcotic substance, marijuana, or dangerous drugs may result in the removal of his SCI access.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.i	Applicant received two citations between the late 1970s and early 1980s for Possession of marijuana. He was fined on both occasions.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.j	Applicant used cocaine approximately six times while in college (September 1976 to June 1981).	For Applicant	Cocaine	Experimental	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

Applicant used marijuana, with varying frequency, at times daily, from about 1975 to late 1989, and then again from April 2002 to at least December 2002.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

—

1.b

Applicant tested positive for marijuana during a random drug test conducted by his employer on December 20, 2002. He was suspended for one week without pay and referred to his company's Employee Assistance Program (EAP) office.

For Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

Applicant was evaluated for Substance Abuse by an EAP counselor and attended four EAP sessions in January 2003. You were referred for extensive outpatient substance abuse counseling.

For Applicant

Treatment FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

—

1.d

You received treatment from February 13, 2003 to April 10, 2003 for a condition described as cannabis dependence.

For Applicant

Treatment FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

—

1.e

Applicant used marijuana after he had been granted a DoD security clearance on June 17, 2000.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.f

Applicant used marijuana after he had been granted access to Sensitive Compartmented Information (SCI) by another Government agency.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.g

Applicant's SCI access was revoked on February 19, 2003, based on his positive drug test as cited in 1.b., above.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.h

Applicant continued to use marijuana after he signed a document on August 16, 2001 in which he acknowledged that unlawful use of any narcotic substance, marijuana, or dangerous drugs may result in the removal of his SCI access.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.i

Applicant received two citations between the late 1970s and early 1980s for Possession of marijuana. He was fined on both occasions.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.j

Applicant used cocaine approximately six times while in college (September 1976 to June 1981).

For Applicant

Cocaine

Experimental

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

Loading case…

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