ISCR Case 04-06267.h1

Case Headnote

ISCR Case No. 04-06267.h1

grantedSep 21, 2005· Hon. Henry Lazzaro· hearing

Summary

This case involved a 30-year-old married man, a former Navy data systems technician, whose security clearance was reviewed under Guideline G (Alcohol Consumption) and Guideline H (Drug Involvement). Concerns arose from his past substance abuse, which led to his job termination in April 2003. Specifically, allegations included a history of alcohol-related incidents and marijuana use before entering the Navy in 1995, and again from his discharge in October 2001 until sometime before September 2003. During this latter period, he purchased small quantities of marijuana on several occasions, some of which occurred while he held a security clearance.

However, the applicant demonstrated significant mitigating factors. He has maintained abstinence from both alcohol and drugs since at least September 2003. Following his job termination, he made substantial positive lifestyle changes, including pursuing a college degree and improving family relationships. Witnesses also testified to these positive changes and his sustained sobriety.

The decision to grant the security clearance was based on the applicant's prolonged abstinence from alcohol and drugs since September 2003, his demonstrated commitment to sobriety, and the significant lifestyle changes he implemented after losing his job due to substance abuse.

Why the Applicant Prevailed

The applicant has been abstinent from alcohol and drugs since at least September 2003.
He demonstrated significant lifestyle changes and a commitment to sobriety after losing his job due to substance abuse.
Witnesses testified to the applicant's positive changes and lack of substance use since his termination.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Abuse
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
DC 2raisedAlcohol-related Incidents at Work, Such as Reporting for Work or Duty in an Intoxicated or Impaired Condition, or Drinking on the Job

Mitigating

MC 1appliedThe Drug Involvement Was Not Recent
MC 2appliedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent Problem
MC 3appliedPositive Changes in Behavior Supportive of Sobriety

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 issuedApr 13, 2005
Answer filedMay 9, 2005
Hearing heldAug 17, 2005
Decision dateSep 21, 2005

Cite For

Mitigation of Alcohol-related Security Concerns Under Guideline G
Mitigation of Drug Involvement Under Guideline H
Demonstrated Intent to Maintain Sobriety After Past Substance Abuse Issues

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

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol-related incidents, including being terminated from his job due to alcohol abuse.	For Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
2.b	The applicant has not consumed alcohol since at least September 2003.	For Applicant	Continued Use After Treatment	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse	Documented Abstinence Period Documented
2.c	The applicant has made positive changes in his life since his termination, including pursuing a college degree and improving his family relationships.	For Applicant	Unspecified Alcohol Incident	Admitted	—	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	Credited Rehabilitation Evidence

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including being terminated from his job due to alcohol abuse.

For Applicant

Binge or Intoxication Pattern

Admitted

(b) alcohol-related incident at work

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

2.b

The applicant has not consumed alcohol since at least September 2003.

For Applicant

Continued Use After Treatment

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

Documented

Abstinence Period Documented

2.c

The applicant has made positive changes in his life since his termination, including pursuing a college degree and improving his family relationships.

For Applicant

Unspecified Alcohol Incident

Admitted

—

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

Credited

Rehabilitation Evidence

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant used marijuana and other drugs before he entered the Navy in 1995, and marijuana from the time he was discharged in October 2001 until sometime before September 2003.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented
1.b	The applicant purchased small quantities of marijuana on several occasions during this time.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug	—	—
1.c	The applicant possessed a security clearance on at least some of the occasions when he abused marijuana after being discharged from the Navy.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d–1.g	4 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant used marijuana and other drugs before he entered the Navy in 1995, and marijuana from the time he was discharged in October 2001 until sometime before September 2003.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

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

Documented

Abstinence Period Documented

1.b

The applicant purchased small quantities of marijuana on several occasions during this time.

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

—

1.c

The applicant possessed a security clearance on at least some of the occasions when he abused marijuana after being discharged from the Navy.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d–1.g

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

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES