ISCR Case 18-02925

Case Headnote

ISCR Case No. 18-02925

deniedNov 5, 2019· Hon. LeRoy F. Foreman· hearing

Summary

A 37-year-old engineer was denied a security clearance under Guideline E (Personal Conduct) due to concerns about falsification and misuse of government resources. The applicant was alleged to have falsified his June 2017 security clearance application by failing to disclose marijuana use from 2002 to 2014 and incorrectly answering a question about illegal drug use within the last seven years. Furthermore, he was accused of falsifying material facts during a June 2018 Personnel Security Interview by denying this prior marijuana use.

Additional concerns arose from the applicant's termination in October 2009 from a federal contractor for using a government computer to search for a stripper for hire. These actions raised disqualifying conditions related to personal conduct, specifically concerning deliberate misrepresentation and questionable judgment.

While mitigating conditions were considered, the judge ultimately found that the applicant's falsification of his security clearance application, lack of candor, questionable judgment, and termination for misuse of government resources collectively presented significant security concerns. Consequently, the applicant's security clearance was denied.

Why the Applicant Was Denied

The applicant falsified his June 2017 security clearance application by denying illegal drug use despite prior admissions.
The applicant's conduct demonstrated a lack of candor and questionable judgment, raising security concerns.
The applicant's termination for misuse of government resources further supported the denial of his clearance.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(d)appliedCredible Adverse Information

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant made no effort to correct his false statements.
AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe falsifications were recent and multiple, not minor.

Key Rule Quoted

“An applicant who deliberately fails to give full, frank, and candid answers to the government in connection with a security clearance investigation or adjudication interferes with the integrity of the industrial security program.”
— ISCR Case No. 01-03132 at 3 (App. Bd. Aug. 8, 2002)

Procedural Posture

SOR issuedMar 15, 2019
Answer filedApr 12, 2019
Hearing heldSep 25, 2019rescheduled from August 26, 2019
Decision dateNov 5, 2019

Cite For

Lack of Candor as a Disqualifying Factor Under Guideline E
Falsification of Security Clearance Applications
Impact of Prior Employment Misconduct on Security Clearance Eligibility

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant falsified his June 2017 SCA by deliberately failing to disclose that he used marijuana from 2002 to 2014 and answering 'No' to the question, 'In the last seven (7) years, have you illegally used any drugs or controlled substances?'	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant falsified material facts during the June 2018 PSI when he denied use of marijuana from 2002 to about 2014 and deliberately sought to conceal his use of marijuana from 2002 to 2014.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant was terminated from employment by a federal contractor in October 2009 for using a government computer to search websites for a stripper for hire.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant falsified his June 2017 SCA by deliberately failing to disclose that he used marijuana from 2002 to 2014 and answering 'No' to the question, 'In the last seven (7) years, have you illegally used any drugs or controlled substances?'

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

1.b

Applicant falsified material facts during the June 2018 PSI when he denied use of marijuana from 2002 to about 2014 and deliberately sought to conceal his use of marijuana from 2002 to 2014.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) deliberately providing false information to an investigator or official

—

1.c

Applicant was terminated from employment by a federal contractor in October 2009 for using a government computer to search websites for a stripper for hire.

For Applicant

Rules Violation at Workplace

—

Admitted

—

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Case Profile

Summary

Why the Applicant Was Denied

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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION