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ISCR Case 97-0480.h1 — CASE

ISCR Case 97-0480.h1granted

Case Headnote

ISCR Case No. 97-0480.h1

grantedJan 30, 1998· Hon. Joseph Testan· hearing

Summary

A 47-year-old defense contractor with over 25 years of employment was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons detailed past drug use, including marijuana use from the early 1970s until November 1996, initially weekly and later less frequently, never exceeding six times annually. Additionally, the applicant used cocaine twice and LSD six or seven times, all in the 1970s. These allegations raised Disqualifying Conditions H1 and H2.

However, the judge applied Mitigating Conditions H1 and H3. The applicant demonstrated a credible commitment to abstain from illegal drugs, with no reported use since November 1996, following a negative reaction to marijuana. This commitment was further supported by favorable testimony from coworkers, who vouched for his reliability and trustworthiness.

The decision emphasized that the applicant's drug involvement was not recent and that he had shown a clear intent not to abuse drugs in the future. Based on this evidence of reform and sustained abstinence, the security clearance was granted.

Why the Applicant Prevailed

The applicant had not used illegal drugs since November 1996, demonstrating a commitment to abstain in the future.
Credible testimony from the applicant and coworkers supported his reliability and trustworthiness.
The applicant's drug involvement was not recent, and he showed a demonstrated intent not to abuse drugs in the future.

Conditions Referenced

Disqualifying

H1raisedAny Drug Abuse.
H2raisedIllegal Drug Possession.

Mitigating

H1appliedThe Drug Involvement Was Not Recent.
H3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.

Key Rule Quoted

“In DOHA cases, the Government has the initial burden of producing evidence that reasonably suggests an applicant cannot be relied upon to safeguard classified information.”

Procedural Posture

SOR issuedJul 16, 1997
Answer filedAug 26, 1997
Hearing heldJan 15, 1998
Decision dateJan 30, 1998

Cite For

Demonstrated Intent Not to Abuse Drugs Under Guideline H
Credibility of Applicant's Testimony Regarding Drug Abstinence
Importance of Character Witness Testimony in Security Clearance Cases

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: granted

The applicant had a history of drug involvement, including marijuana use averaging once a week in the early 1970s, occasional use from 1976 to November 1996, and limited use of cocaine and LSD in the 1970s. The judge found that the applicant had not used marijuana since November 1996 and demonstrated a credible intent not to use drugs in the future, leading to a decision to grant the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In the early 1970s, applicant used marijuana an average of once a week.	For Applicant	Marijuana	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.b	He continued to use it from 1976 to November 1996, but on a less frequent basis, and never more than six times in any one year.	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
1.c	Applicant used cocaine twice in the 1970s.	For Applicant	Cocaine	Experimental	Admitted	—	—	—
1.d	He used LSD six or seven times in the 1970s.	For Applicant	LSD	Experimental	Admitted	—	—	—

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: January 30, 1998 In Re: Applicant for Security Clearance ISCR Case No. 97-0480 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

FOR GOVERNMENT Martin H. Mogul, Department Counsel FOR APPLICANT Michael W. Beasley, Esq.

STATEMENT OF CASE

On July 16, 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 August 26, 1997. The case was received by the undersigned on November 18, 1997, and a Notice of Hearing was issued on December 2, 1997. A hearing was held on January 15, 1998.

FINDINGS OF FACT

Applicant is a forty-seven year old man. He has been employed by the same defense contractor for over twenty-five years. He was granted a DoD security clearance in 1980. In the early 1970s, applicant used marijuana an average of once a week. He continued to use it from 1976 to November 1996, but on a less frequent basis, and never more than six times in any one year. Applicant purchased marijuana "perhaps" ten to twelve times from the 1970sto 1991. Applicant used cocaine twice in the 1970s.(1) He did not like it, and will not use it again. He used LSD six or seven times in the 1970s. He does not intend to use it again. Applicant testified that when he last used marijuana in November 1996, he had a bad reaction to it, which left him with little desire to continue using it. He further testified that by the time he told DoD investigators in 1997 that he had no future intention of using marijuana, he had made the decision not to use it again. He further testified that he will not use it again. Three of applicant's coworkers, two of whom have known him professionally and socially for about twenty-five years, appeared at the hearing and testified that applicant is a reliable and trustworthy individual who performs well at his job.

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. 2. Illegal drug possession. Mitigating Factors: 1. The drug involvement was not recent. 3. A demonstrated intent not to abuse any drugs in the future.

CONCLUSION

In DOHA cases, the Government has the initial burden of producing evidence that reasonably suggests an applicant cannot be relied upon to safeguard classified information. If the Government meets its burden, it has established a prima facie case. Once the Government establishes a prima facie case, the burden shifts to applicant to produce evidence in refutation, extenuation, mitigation or reformation sufficient to establish that, notwithstanding the Government's prima facie case, he or she can be relied upon to safeguard classified information. In view of the Directive's requirement that a security clearance be granted only upon a finding that to do so is clearly consistent with the national interest, the applicant has a heavy burden. In this case, the Government established a prima facie case under Criterion H. The evidence establishes that applicant used (1) marijuana an average of once a week during the early 1970s, (2) marijuana a few times a year from 1976 to November 1996, and (3) cocaine twice and LSD six or seven times in the 1970s. Applicant's use of these illegal drugs reflects adversely on his judgment, reliability and trustworthiness, and reasonably suggests that he cannot be relied upon to safeguard classified information. Applicant testified that he has not used marijuana since November 1996. He further testified that given the bad reaction he had to it on that occasion, and the commitment he made to DoD in 1997 that he will not use it again, he will not use marijuana or any other illegal drug in the future. Considering the evidence as a whole, including applicant's demeanor and conduct while testifying, I find this testimony to be credible and worthy of belief. In view of (1) applicant's approximately fourteen months of abstinence, (2) his credible testimony that he will not use marijuana or any other illegal drug in the future, and (3) the very favorable testimony concerning applicant's reliability and trustworthiness, I conclude that applicant has reformed, and in all likelihood, will not use marijuana or any other illegal drug in the future. For this reason, Criterion H is found for applicant.

FORMAL FINDINGS

PARAGRAPH 1: FOR THE APPLICANT

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. _______________________ Joseph Testan Administrative Judge DATE: January 30, 1998 In Re: Applicant for Security Clearance ISCR Case No. 97-0480 DECISION OF ADMINISTRATIVE JUDGE JOSEPH TESTAN

APPEARANCES

FOR GOVERNMENT Martin H. Mogul, Department Counsel FOR APPLICANT Michael W. Beasley, Esq.

FINDINGS OF FACT

Applicant is a forty-seven year old man. He has been employed by the same defense contractor for over twenty-five years. He was granted a DoD security clearance in 1980. In the early 1970s, applicant used marijuana an average of once a week. He continued to use it from 1976 to November 1996, but on a less frequent basis, and never more than six times in any one year. Applicant purchased marijuana "perhaps" ten to twelve times from the 1970sto 1991. Applicant used cocaine twice in the 1970s.(2) He did not like it, and will not use it again. He used LSD six or seven times in the 1970s. He does not intend to use it again. Applicant testified that when he last used marijuana in November 1996, he had a bad reaction to it, which left him with little desire to continue using it. He further testified that by the time he told DoD investigators in 1997 that he had no future intention of using marijuana, he had made the decision not to use it again. He further testified that he will not use it again. Three of applicant's coworkers, two of whom have known him professionally and socially for about twenty-five years, appeared at the hearing and testified that applicant is a reliable and trustworthy individual who performs well at his job.

DECISION

In light of all the circumstances presented by the record in this case, it is clearly consistent with the national interest to grant or continue a security clearance for applicant. _______________________ Joseph Testan Administrative Judge 1. After carefully considering all of the evidence, I conclude that, notwithstanding applicant's June 9, 1997 statement to the Defense Security Service (DSS), his cocaine use occurred prior to his receipt of the DoD clearance in 1980. 2. After carefully considering all of the evidence, I conclude that, notwithstanding applicant's June 9, 1997 statement to the Defense Security Service (DSS), his cocaine use occurred prior to his receipt of the DoD clearance in 1980.

FOOTNOTES

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