ISCR Case 96-0608.h1

Case Headnote

ISCR Case No. 96-0608.h1

deniedMar 31, 1997· Hon. John R. Erck· hearing

Summary

A 35-year-old defense contractor with a top secret clearance was denied a security clearance under Guideline H (Drug Involvement) due to a history of marijuana use and inconsistent testimony. The applicant's first reported marijuana use was in 1976, followed by an arrest in March 1980 for possession of marijuana and a water pipe, resulting in a guilty plea, a suspended 30-day jail sentence, and a $150 fine. He admitted to using marijuana on a "weekly to monthly basis" from 1977 to 1979, and again between July and October 1981. His last admitted use was in August 1995.

The Statement of Reasons highlighted multiple inconsistencies in the applicant's accounts of his marijuana use and arrests, leading to findings that his statements and testimony were not credible. The judge noted that the applicant misrepresented facts regarding earlier use and arrests, and that his recent statements contradicted prior ones and were inconsistent with other evidence.

Despite completing a drug treatment program and providing character references, the judge found the applicant's testimony inconsistent and not credible. The denial was based on the applicant's history of marijuana use, including arrests in 1980 and 1982, and the judge's determination that his promises to abstain from drug use were not credible due to past violations and inconsistent accounts.

Why the Applicant Was Denied

The applicant had a history of marijuana use, including arrests in 1980 and 1982.
Inconsistent accounts of marijuana use raised doubts about the applicant's credibility.
The applicant's promises to abstain from drug use were not credible due to past violations.

Conditions Referenced

Disqualifying

H.1raisedAny Drug Abuse
H.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.

Mitigating

H.2rejectedThe Drug Involvement Was an Isolated or Infrequent EventThe applicant's history of drug use was not isolated or infrequent.
H.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past promises to abstain were not credible.

Key Rule Quoted

“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedOct 10, 1996
Answer filedNov 14, 1996
Hearing heldFeb 12, 1997
Decision dateMar 31, 1997

Cite For

Credibility Issues Related to Inconsistent Statements About Drug Use
Denial Based on Historical Drug Involvement Despite Recent Treatment
The Weight of Past Promises to Abstain From Drug Use in Security Clearance Determinations

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 first used marijuana in 1976 when he was in high school. In March 1980, he was arrested for possession of marijuana and possession of a water pipe. He pleaded guilty to possession of marijuana and was sentenced to 30 days in jail (which was suspended for six months on condition of good behavior) and fined $150.00.	Against Applicant	Marijuana	Frequent	Admitted	—	—	—
1.b	Applicant has provided inconsistent accounts of the frequency with which he used marijuana while in high school and in the years that followed.	For Applicant	Marijuana	Unspecified	Denied	—	—	—
1.c	Applicant admitted that he had used marijuana on a 'weekly to monthly basis' from 1977 to 1979--smoking one to two marijuana cigarettes amongst a group of four or more people.	For Applicant	Marijuana	Frequent	Admitted	—	—	—
1.d	Applicant did not smoke marijuana from May 1979 and the summer of 1981. Between July 1981 and October 1981, he smoked 'not more than 2 marijuana cigarettes total at no more than 3 separate parties.'	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.e	Applicant's last admitted use of marijuana occurred at a party in August 1995 when he 'shared a marijuana cigarette with 8 or 9 people.'	For Applicant	Marijuana	Frequent	Admitted	—	—	—
1.f	Applicant's statements and testimony about his use of marijuana, prior and subsequent to 1983, are not credible.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.g	Applicant has misrepresented the facts with respect to his earlier marijuana use and arrests.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.h	Applicant's testimony and recent statements are not credible because they contradict his earlier statements and provide information which is contrary to experience and common sense.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.i	Applicant's statements regarding his use of marijuana since 1983 were not credible and inconsistent with other evidence.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.j	Applicant's testimony and recent statements about his marijuana use are not credible and raise concerns about his judgment and reliability.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant first used marijuana in 1976 when he was in high school. In March 1980, he was arrested for possession of marijuana and possession of a water pipe. He pleaded guilty to possession of marijuana and was sentenced to 30 days in jail (which was suspended for six months on condition of good behavior) and fined $150.00.

Against Applicant

Marijuana

Frequent

Admitted

—

1.b

Applicant has provided inconsistent accounts of the frequency with which he used marijuana while in high school and in the years that followed.

For Applicant

Marijuana

Unspecified

Denied

—

1.c

Applicant admitted that he had used marijuana on a 'weekly to monthly basis' from 1977 to 1979--smoking one to two marijuana cigarettes amongst a group of four or more people.

For Applicant

Marijuana

Frequent

Admitted

—

1.d

Applicant did not smoke marijuana from May 1979 and the summer of 1981. Between July 1981 and October 1981, he smoked 'not more than 2 marijuana cigarettes total at no more than 3 separate parties.'

For Applicant

Marijuana

Occasional

Admitted

—

1.e

Applicant's last admitted use of marijuana occurred at a party in August 1995 when he 'shared a marijuana cigarette with 8 or 9 people.'

For Applicant

Marijuana

Frequent

Admitted

—

1.f

Applicant's statements and testimony about his use of marijuana, prior and subsequent to 1983, are not credible.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.g

Applicant has misrepresented the facts with respect to his earlier marijuana use and arrests.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.h

Applicant's testimony and recent statements are not credible because they contradict his earlier statements and provide information which is contrary to experience and common sense.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.i

Applicant's statements regarding his use of marijuana since 1983 were not credible and inconsistent with other evidence.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.j

Applicant's testimony and recent statements about his marijuana use are not credible and raise concerns about his judgment and reliability.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

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

PROCEDURAL RULINGS

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES