ISCR Case 05-07983.h1

Case Headnote

ISCR Case No. 05-07983.h1

grantedOct 31, 2006· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 53-year-old drafter for a federal defense contractor was granted a security clearance despite concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed the applicant's marijuana use from approximately 1968 through 2001, including possession and use up to his September 2001 arrest for marijuana and cocaine. He did not cease marijuana use until just before his December 2, 2002, court appearance.

Following his 2001 arrest, the applicant pled guilty to the charges, resulting in probation and community service. Additionally, he provided false information on his security clearance application regarding his drug use.

However, the judge found that the applicant had significantly mitigated these concerns. He has maintained sobriety since 2001, completed a drug treatment program, and actively participates in support groups. The applicant also demonstrated a commitment to a drug-free lifestyle by distancing himself from individuals who engage in drug use, including family members. Based on these rehabilitation efforts, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant has maintained sobriety since 2001 and demonstrated a commitment to a drug-free lifestyle.
He completed a drug treatment program and actively participates in support groups.
The applicant has distanced himself from individuals who engage in drug use, including family members.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A8.1.2.1raisedAny Drug Abuse
E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future

Key Rule Quoted

“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedFeb 10, 2006
Answer filedMar 8, 2006Applicant admitted to all allegations.
Hearing heldSep 19, 2006Hearing held as scheduled.
Decision dateOct 31, 2006

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Demonstrated Rehabilitation Efforts
Consideration of the Whole Person Concept in Security Clearance Determinations
Impact of Distancing From Negative Influences on Security Clearance Eligibility

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–2.b	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–2.b

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana from approximately 1968 through 2001, when he was arrested for possession of marijuana and cocaine.	For Applicant	Marijuana	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 Documented Rehabilitation Evidence
1.b	Possessed and used marijuana up to his arrest in September 2001, and did not quit his use of marijuana until just prior to his December 2, 2002, court appearance.	For Applicant	Marijuana	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 Documented Rehabilitation Evidence

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana from approximately 1968 through 2001, when he was arrested for possession of marijuana and cocaine.

For Applicant

Marijuana

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

Documented

Rehabilitation Evidence

1.b

Possessed and used marijuana up to his arrest in September 2001, and did not quit his use of marijuana until just prior to his December 2, 2002, court appearance.

For Applicant

Marijuana

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

Documented

Rehabilitation Evidence

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested for possession of marijuana and cocaine in 2001, and pled guilty to the charges, resulting in probation and community service.	For 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	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Rehabilitation Evidence
1.b	Applicant provided false information on his security clearance application regarding his drug use.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Acknowledgment and Remorse

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested for possession of marijuana and cocaine in 2001, and pled guilty to the charges, resulting in probation and community service.

For 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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

Credited

Rehabilitation Evidence

1.b

Applicant provided false information on his security clearance application regarding his drug use.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

Credited

Acknowledgment and Remorse

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES