Security Clearance Retained Despite Drug Use

MIDWEST: Client civilian government employee realized that he had misunderstood a question on an earlier SF-86 regarding past drug usage while completing a new version of the SF-86 during a periodic reinvestigation. DoD employee received an SOR after properly responding to the question and alerting his security officer to the discrepancy in response. After retaining JAG Defense to assist with the SOR Response, client received a favorable security determination and retained his security clearance.

Category: Security Clearance Success Stories

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Client eliminates drug use – Results in favorable suitability and fitness determinations for Federal employment

MIDDLE ATLANTIC:  Client civilian government employee issued letter addressing suitability and fitness for Federal employment due to a history of illegal drug use. Client response, addressing concerns under both Title 5, Code of Federal Regulations (CFR) Section 732.202(c), and Adjudicative Guideline H – Drug Involvement, completely mitigated all concerns resulting in client being cleared/approved for employment with the Federal government.

Category: Security Clearance Success Stories

Substantial changes in behavior sufficient to mitigate previous history – Clearance granted after revocation.

MIDDLE ATLANTIC:  Client Defense Contractor’s clearance was denied as a result of concerns under Adjudicative Guidelines E – Personal Conduct and H – Drug Involvement and J – Criminal Conduct as the result of the use of multiple illegal substances, mixing illegal drugs with alcohol, purchasing illegal drugs, using illegal drugs while possessing a security clearance, obtaining the services of prostitutes on various occasions in various countries, and falsifying material facts related to the background investigation and clearance adjudication on multiple occasions over an approximate 10 year period.  Client retained JAG Defense for assistance with a reapplication after revocation of the clearance.  Working closely with the client and being able to document through random drug tests that the client was drug-free for a substantial period of time, we were successful in getting the client approved for consideration of a clearance.  Unfortunately, due to loss of income in the intervening period, a new Statement of Reasons (SOR) was issued against the client, focused on the Adjudicative Guideline F – Financial Considerations, but with the client’s previous history being relevant under the whole person concept.  Nonetheless, due to documented evidence of the client’s changes in behavior, full acceptance of responsibility for previous wrongdoings, and strong evidence of rehabilitation, following a Hearing the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Category: Security Clearance Success Stories

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Strong presentation of whole person concept evidence overcomes rebuttable presumption of knowing ingestion of unprescribed drug

NORTHWEST:  Applicant military officer tested positive for un-prescribed medication in unit sweep, leading to imposition of NJP, loss of career field, Board of Inquiry, Promotion removal action, and actions to revoke clearance under Adjudicative Guidelines H – Drug Involvement, and J – Criminal Conduct.  After presentation of case before Administrative Judge from the Defense Office of Hearings and Appeals (DOHA), Personnel Security Appeals Board concurred in finding of unknowing ingestion of medication and restored previously revoked clearance to client.

 

Category: Security Clearance Success Stories

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Clearance Granted on Reapplication After Denial for Drug and Criminal Conduct

SOUTHEAST: Client defense contractor retained JAG Defense for a reapplication after a previous denial based upon allegations under Adjudicative Guideline H – Drug Involvement and J – Criminal Conduct as the result of felony charges for Burglary, Financial Transaction Card Theft, Obtaining Property Under False Pretense; as well as illegal use of marijuana, ecstasy, Ritalin, Adderall, Dexedrine, Zoloft, Wellbutrin, cocaine, Vicodin, Ketamine Hydrochloride, Lortab, Xanax, Tylenol III with Codeine, crystal methamphetamine, along with the illegal purchase and sale of illegal drugs and prescription drugs without a lawful prescription. Additionally, the client – subsequent to the previous denial – was involved in an alcohol-related vehicular accident. After submitting a comprehensive reapplication after denial package the Director Defense Office of Hearings and Appeals approved the client for submission of an SF86 and subsequent to the background investigation the client was granted the clearance.

Category: Security Clearance Success Stories

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Defense Contract Employee Cleared from Consistent Alcohol and Drug Abuse

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based on Guideline G – Alcohol Consumption (Drinking to excess/intoxication and blackouts from 1970-2003, Conviction for DUI, Alcohol abuse treatment for alcohol dependence, and continuing to consume alcohol after treatment and diagnosis of alcohol dependence); and Guideline H – Illegal Drug Use (Use of marijuana with varying frequency from 1974 to 1983 and during 2002, purchase of marijuana, treatment for one year for cannabis abuse, use of marijuana on multiple occasions while possessing a Security Clearance). After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.

Category: Security Clearance Success Stories

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Senior Executive Defense Contractor Cleared from Use & Purchase of Drugs

SOUTHEAST – Senior Executive with Defense Contractor issued Letter of Intent (LOI) to deny Special Access (Sensitive Compartmented Information – SCI) by Department of the Navy Central Adjudication Facility (DONCAF) due to Guideline H – (Drug Involvement) as result of multiple occasions of purchase and use of cocaine and Guideline E (Personal Conduct) for failing to fully and completely disclose drug use on SF-86 (Questionnaire for National Security Positions) and during background investigation interview. After review of our prepared response to the LOI, DONCAF granted DCID 6/4 SCI access without necessity of a personal appearance.

Category: Security Clearance Success Stories

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Applicant Cleared from Drug Abuse After Positive Change in Behavior

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor was issued a Statement of Reasons based upon Guideline H – Drug Involvement, based upon use of illegal drugs on approximately five occasions over a two month period, during a time period in which the Applicant possessed a security clearance; with drug use discovered as the result of a random urinalysis test conducted by his employer. During ensuing drug counseling Applicant was determined to be drug dependent. After presentation of case before an Administrative Judge, demonstration of drug abuse rehabilitation, whole person concept, passage of time since drug abuse and positive changes in behavior to include disassociation with those who provided the illegal drugs, finding was made FOR THE APPLICANT and clearance was continued.

Category: Security Clearance Success Stories

Favorable Clearance Results for Active Duty Navy E-9’s Use of Cocaine

MIDLE ATLANTIC – Providing the full gamut of representation, our firm first defended an active duty Navy E-9 at a Special Court Martial for use of cocaine with a resulting finding of Not Guilty. Thereafter, the Department of the Navy Central Adjudication Facility (DONCAF) issued a Letter of Intent (LOI) to revoke security clearance based upon Guidelines E – Personal Conduct, H – Drug Involvement and J – Criminal Conduct due to being charged with Violations of the UCMJ for unauthorized absence on three occasions; being charged with and pleading guilty to wrongful possession of marijuana; admitted trafficking in marijuana; allegations of being a cocaine distributor; omissions of relevant and material facts in security clearance application regarding police and military records and drug activity and testing positive for cocaine; with these acts taking place over a number of years. Upon presentation of response to the LOI we were able to explain, mitigate and provide extenuating circumstances sufficient for a finding to grant final clearance, with caution, without the necessity of a personal appearance.

Category: Security Clearance Success Stories

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Navy Member Cleared From Pre-Service Drug Paraphernalia Charge

PACIFIC – We were retained by an active duty member of the Navy after a determination had been made to not permit the sailor to continue in the desired military occupational specialty as a result concerns under Adjudicative Guidelines: E  – Personal Conduct and H – Drug Involvement as the result of failing to disclose both a pre-service drug paraphernalia civilian charge and having been fired from a previous employer. Taking the time necessary to rehabilitate the client, we were then able to obtain chain-of-command support for a “rate conversion” which was approved – with the rate requiring a Top Secret Clearance and access to Sensitive Compartmented Information (TS/SCI).

Category: Security Clearance Success Stories

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