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                        DEPARTMENT OF DEFENSE 
         DEFENSE OFFICE OF HEARINGS AND APPEALS 
           
             
 
 
In the matter of: ) 
 ) 
  )  ISCR Case No. 15-07585 
 ) 
Applicant for Security Clearance ) 
 
 
Appearances 
 
For Government: Chris Morin, Esq., Department Counsel 
For Applicant: William Savarino, Esq. 
 
 
 
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Decision 
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RICCIARDELLO, Carol G., Administrative Judge: 
 
On May 31, 2016, the Department of Defense (DOD) issued a Statement of 
Reasons (SOR) to Applicant detailing security concerns under Guideline H, drug 
involvement. The action was taken under Executive Order 10865, Safeguarding 
Classified Information within Industry (February 20, 1960), as amended; DOD Directive 
5220.6, Defense Industrial Personnel Security Clearance Review Program (January 2, 
1992), as amended (Directive); and the adjudicative guidelines (AG) implemented by 
the DOD on September 1, 2006. 
 
Applicant responded to the SOR on June 23, 2016, and requested a hearing 
before an administrative judge. The case was assigned to me on January 24, 2017. The 
hearing was held as scheduled on April 18, 2017. On April 24, 2017, I proposed to the 
parties that this case was appropriate for a summary disposition in Applicant’s favor. 
Department Counsel did not object.  
 
Applicant self-reported using marijuana on three separate occasions from 
November 2014 to March 2015, after returning from deployment. She held a security 
clearance at the time. 
 
 
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Applicant has worked for a defense contractor since about 2003 and has held a 
security clearance since then. In 2013, she worked with the military in Afghanistan for a 
year. She lived and worked in a war zone. Her compound was often targeted by bombs, 
some that exploded in her vicinity. She carried a weapon, and there was constant 
concern about the loyalty of local nationals. On the day she returned to the United 
States, she was notified that a convoy that she regularly participated in while in 
Afghanistan was attacked and 16 people were killed, including her former military 
supervisor.   
 
In 2016, Applicant sought mental health counseling due to her uncharacteristic 
behavior and was diagnosed with a form of post-traumatic stress disorder. She has 
continued counseling.  
 
Applicant was aware that her husband used marijuana in college and 
occasionally used it later, but never in their home or in her presence. When she 
returned from deployment, his drug use was more prevalent. Despite her request that 
he discontinue his drug use, he continued, and she recently filed for divorce. Applicant 
is remorseful. She signed a statement of intent with automatic revocation of clearance 
for any future violation. 
 
Based on the record evidence as a whole, I conclude that the security concerns 
raised under Guideline H are mitigated under the following conditions: AG ¶¶ 26(a) and 
26(b).  
 
The concerns over Applicant’s past drug use do not create doubt about her 
current reliability, trustworthiness, good judgment, and ability to protect classified 
information. In reaching this conclusion, I weighed the evidence as a whole and 
considered if the favorable evidence outweighed the unfavorable evidence. I also gave 
due consideration to the whole-person concept. Accordingly, I conclude that she met 
her ultimate burden of persuasion to show that it is clearly consistent with the national 
interest to continue her eligibility for access to classified information. This case is 
decided for Applicant.  
 
 
 
________________________ 
Carol G. Ricciardello 
Administrative Judge