ISCR Case 97-0092.h1

Case Headnote

ISCR Case No. 97-0092.h1

grantedNov 13, 1997· Hon. Wilford H. Ross· hearing

Summary

A 37-year-old married electronic technician, employed by a defense contractor, sought to retain his Secret-level security clearance. Concerns were raised under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The allegations included a history of marijuana use dating back to the late 1970s, with varying accounts of when use ceased, and a failure to file his 1994 Federal tax return in a timely manner.

Regarding drug involvement, the applicant admitted to using marijuana from 1977 to 1988, initially twice a month and then monthly. While a 1995 statement indicated he had quit, a 1996 questionnaire admitted use within the past seven years, and a subsequent 1996 statement mentioned using marijuana at parties perhaps twice a year. In his 1997 Answer to the Statement of Reasons, he stated any subsequent use would have been isolated and infrequent, with no plans for continued use. He further affirmed in an exhibit that past drug use was behind him.

The applicant also admitted to not filing his 1994 Federal tax return in a timely manner. The judge ultimately found that the applicant's drug use was infrequent and not recent, having ceased approximately a year before the record closed. The judge also determined that the applicant had successfully rehabilitated from the isolated incident of failing to file a tax return. Based on these findings, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated that his drug use was infrequent and not recent, having ceased approximately a year before the record closed.
The applicant provided evidence of successful rehabilitation regarding his failure to file a tax return, which was an isolated incident.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
JraisedCriminal Conduct

Mitigating

H1appliedThe Drug Involvement Was Not Recent
H2appliedThe Drug Involvement Was an Isolated or Infrequent Event
H3appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
J2appliedThe Crime Was an Isolated Incident
J5appliedClear Evidence of Successful Rehabilitation

Key Rule Quoted

“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct.”

Procedural Posture

SOR issuedJan 28, 1997
Answer filedFeb 19, 1997Applicant requested determination on written record.
Hearing held—No hearing; case determined on written record.
Decision dateNov 13, 1997

Cite For

Mitigation of Drug Involvement Under Guideline H
Successful Rehabilitation From Isolated Criminal Conduct Under Guideline J
Common Sense Determination in Security Clearance Adjudications

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	The Applicant first began using marijuana in the late 1970s while in the service. While in the service he used marijuana twice a month from 1977 until 1981. From 1981 until 1988, the Applicant used marijuana on a monthly basis.	For Applicant	Marijuana	Occasional	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 evidence is mixed as to when the Applicant stopped using marijuana. In a sworn statement dated August 17, 1995, the Applicant stated, "In 1988 I quit using marijuana and I have no further intentions of ever using marijuana again."	For Applicant	Marijuana	Occasional	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	On January 23, 1996, the Applicant filled out a "Questionnaire for National Security Positions." In that Questionnaire the Applicant admitted using marijuana within the past seven years, however, he did not recall the last date of use.	For Applicant	Marijuana	Occasional	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	In a subsequent sworn statement dated July 23, 1996, he stated, "I use marijuana at parties perhaps twice a year but this is not a major expense as I have no medical or psychiatric problems associated with the use of marijuana. I have never used other drugs at any time. I may use marijuana in the future but am beginning to mature and realize it may not be good for me and may be an unnecessary expense for me."	For Applicant	Marijuana	Occasional	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 stated in his Answer to the SOR, dated April 19, 1997, "my involvement with drugs was, for the most part, not recent and was documented and admitted to at the time I was granted a clearance. Any use of marijuana subsequent to that would have been an isolated and infrequent event. As of this writing I have no plans or intentions of continued drug use."	For Applicant	Marijuana	Occasional	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	Finally, in Applicant's Exhibit "A," he stated, "My past drug use is just that, a thing of the past. There is no place in my life now for drugs, nor will there be in the future as I am now in the responsible position of a husband and father at home, and a supervisor working to cultivate a professional career at work."	For Applicant	Marijuana	Occasional	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	—
2.a	The Applicant admits that he did not file his 1994 Federal tax return in a timely manner.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant first began using marijuana in the late 1970s while in the service. While in the service he used marijuana twice a month from 1977 until 1981. From 1981 until 1988, the Applicant used marijuana on a monthly basis.

For Applicant

Marijuana

Occasional

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 evidence is mixed as to when the Applicant stopped using marijuana. In a sworn statement dated August 17, 1995, the Applicant stated, "In 1988 I quit using marijuana and I have no further intentions of ever using marijuana again."

For Applicant

Marijuana

Occasional

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

On January 23, 1996, the Applicant filled out a "Questionnaire for National Security Positions." In that Questionnaire the Applicant admitted using marijuana within the past seven years, however, he did not recall the last date of use.

For Applicant

Marijuana

Occasional

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

In a subsequent sworn statement dated July 23, 1996, he stated, "I use marijuana at parties perhaps twice a year but this is not a major expense as I have no medical or psychiatric problems associated with the use of marijuana. I have never used other drugs at any time. I may use marijuana in the future but am beginning to mature and realize it may not be good for me and may be an unnecessary expense for me."

For Applicant

Marijuana

Occasional

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 stated in his Answer to the SOR, dated April 19, 1997, "my involvement with drugs was, for the most part, not recent and was documented and admitted to at the time I was granted a clearance. Any use of marijuana subsequent to that would have been an isolated and infrequent event. As of this writing I have no plans or intentions of continued drug use."

For Applicant

Marijuana

Occasional

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

Finally, in Applicant's Exhibit "A," he stated, "My past drug use is just that, a thing of the past. There is no place in my life now for drugs, nor will there be in the future as I am now in the responsible position of a husband and father at home, and a supervisor working to cultivate a professional career at work."

For Applicant

Marijuana

Occasional

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

—

2.a

The Applicant admits that he did not file his 1994 Federal tax return in a timely manner.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has engaged in criminal acts.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	(b) pressured/coerced and unlikely to recur absent that pressure (c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has engaged in criminal acts.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

(b) pressured/coerced and unlikely to recur absent that pressure

(c) no reliable evidence the individual committed the offense

—

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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