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ISCR Case 97-0393.h1 — CASE

ISCR Case 97-0393.h1denied

Case Headnote

ISCR Case No. 97-0393.h1

deniedSep 10, 1997· Hon. Joseph Testan· hearing

Summary

A 42-year-old married man, employed by a defense contractor since 1976, was denied a security clearance under Guideline H (Drug Involvement) due to his history of marijuana use. The Statement of Reasons detailed episodic marijuana use from 1971 through September 1996, including after he had already obtained a security clearance.

In September 1996, a workplace drug test revealed marijuana use, leading to his enrollment in an employer-recommended rehabilitation program. He was diagnosed with Cannabis Dependence.

The denial was based on several factors: his long history of marijuana use, the fact that this use continued after he received a DoD security clearance, which raised concerns about his judgment and reliability, and his uncorroborated claim of one year of abstinence, which was deemed insufficient to mitigate the concerns about his past behavior.

Why the Applicant Was Denied

The applicant had a long history of marijuana use, including episodic use from 1971 to September 1996.
The applicant's drug use occurred after he had received a DoD security clearance, reflecting adversely on his judgment and reliability.
The applicant's uncorroborated statement of abstaining from marijuana use for approximately one year was insufficient to mitigate concerns about his past behavior.

Conditions Referenced

Disqualifying

H1raisedAny Drug Abuse

Procedural Posture

SOR issuedMay 23, 1997
Answer filedJun 2, 1997Applicant elected to have the case decided on a written record.
Hearing held—No hearing; decided on written record.
Decision dateSep 10, 1997

Cite For

Denial Based on Long-term Drug Use Under Guideline H
Insufficient Evidence of Rehabilitation After Drug Abuse
Impact of Drug Use on Judgment and Reliability for Security Clearance

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

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The applicant was found to have used marijuana on an episodic basis from 1971 through September 1996, including after receiving a security clearance. The judge concluded that this illegal drug use adversely affected the applicant's judgment and reliability, leading to a denial of the security clearance. No mitigating factors were established to counter the disqualifying conditions.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana on an episodic basis from 1971 through September 1996, including after receiving a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse	—	—
1.b	Took a drug test at his place of employment in September 1996 that revealed he had used marijuana.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
1.c	Enrolled in a rehabilitation program recommended by his employer after the drug test.	Against Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
1.d	Condition diagnosed as Cannabis Dependence.	Against Applicant	Drug Diagnosed DisorderWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

Date : September 10, 1997 ____________________________________ In RE: Applicant for Security Clearance ____________________________________ ISCR Case No. 97-0393 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

FOR THE GOVERNMENT Martin H. Mogul Department Counsel FOR THE APPLICANT Pro Se

STATEMENT OF CASE

On May 23, 1997, the Defense Office of Hearings and Appeals (DOHA), pursuant to Executive Order 10865 and Department of Defense Directive 5220.6 (Directive), dated January 2, 1992, issued a Statement of Reasons (SOR) (copy appended) to ---------------- (Applicant), which detailed reasons why DOHA could not make the preliminary affirmative finding under the Directive that it is clearly consistent with the national interest to grant or continue a security clearance for applicant and recommended referral to an Administrative Judge to determine whether clearance should be denied or revoked. The applicant responded to the SOR in writing on June 2, 1997 and elected to have his case decided on a written record in lieu of a hearing. Department Counsel submitted the Government's written case on or about July 18, 1997. The applicant did not file a response to the Government's case. The case was received by the undersigned on September 10, 1997.

FINDINGS OF FACT

Applicant is a forty-two year old married man. He has been employed by the same defense contractor since 1976, and has held a DoD security clearance since January 1996. In a signed, sworn statement that he gave to the Defense Investigative Service (DIS) on April 15, 1997 (G-5), applicant stated that he used marijuana in "1971, approx. 8-10 yrs later & Sept 96, and have not used any since." He further stated that he used "1 joint a weekend a month." In his response to the SOR, he stated, "I do not feel that further use of marijuana by me will ever occur." In September 1996 applicant took a drug test at his place of employment. After the test revealed he had used marijuana, applicant enrolled in a rehabilitation program recommended by his employer. In his response to the SOR, applicant stated that he received treatment at the program from October 11, 1996 to January 20, 1997 for a condition diagnosed as Cannabis Dependence.

POLICIES

Enclosure 2 of the Directive sets forth the Adjudication Policy (divided into Disqualifying Factors and Mitigating Factors) which must be followed by the Administrative Judge. Based on the foregoing Findings of Fact, the following Disqualifying Factors and Mitigating Factors are applicable: DRUG INVOLVEMENT Disqualifying Factors: 1. Any drug abuse Mitigating Factors: None.

CONCLUSION

The evidence establishes that applicant used marijuana on an episodic basis from 1971 through September 1996. This illegal drug use, particularly after he received a DOD security clearance, reflects adversely on applicant's judgment, reliability and trustworthiness, and strongly suggests that he cannot be relied upon to safeguard classified information. Applicant states that he has not used marijuana since September 1996, and does not "feel" he will use it again. Even if this uncorroborated statement is accepted at face value, the recency (approximately one year ago) and extent of his marijuana abuse (on and off for twenty-five years) precludes a finding, at the present time, that applicant can and will abstain from the use of marijuana. For this reason, Criterion H is found against applicant.

FORMAL FINDINGS

PARAGRAPH 1: AGAINST THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is not clearly consistent with the national interest to grant or continue a security clearance for applicant. ____________________________ Joseph Testan Administrative Judge

FOOTNOTES

97-0393.h1 file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/97-0393.h1.html[7/2/2021 4:01:37 PM] 97-0393.h1 file:///usr.osd.mil/...yComputer/Desktop/DOHA%20transfer/DOHA-Kane/dodogc/doha/industrial/Archived%20-%20HTML/97-0393.h1.html[7/2/2021 4:01:37 PM]