ISCR Case 19-02609

Case Headnote

ISCR Case No. 19-02609

deniedMar 10, 2021· Hon. Nichole L. Noel· hearing

Summary

A 43-year-old male applicant was denied a security clearance by the Department of Defense due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The administrative judge found that the applicant failed to mitigate these security concerns, leading to a negative assessment of his reliability and trustworthiness.

The applicant's history included multiple instances of criminal conduct, such as an assault conviction in July 2011 and two speeding charges in January and May 2019, both resulting in probation before judgment. He also had an open container violation in June 2007 that was nolle prossed. Regarding substance use, the applicant used cocaine on various occasions between January 2000 and August 2018. He tested positive for cocaine in August 2018 and for alcohol in July 2018, both while participating in a court-ordered substance-abuse treatment program.

A significant factor in the denial was the applicant's deliberate falsification of his September 2019 responses to DOHA interrogatories, where he incorrectly stated his last cocaine use was in August 2017, rather than August 2018. This, combined with his continued drug and alcohol use while under court supervision and his extensive criminal history, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a long history of criminal conduct, including multiple arrests and convictions.
The applicant continued to use illegal drugs and alcohol while under court supervision and during a substance abuse program.
The applicant intentionally falsified responses to security clearance interrogatories.

Conditions Referenced

Disqualifying

AG ¶ 31(b)appliedEvidence of Criminal Conduct, Regardless of Whether the Individual Was Formally Charged, Prosecuted, or Convicted.
AG ¶ 31(c)appliedThe Individual Is Currently on Parole or Probation.
AG ¶ 25(a)appliedAny Substance Misuse.
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug.
AG ¶ 22(a)appliedAlcohol-related Incidents Away From Work.
AG ¶ 22(g)appliedFailure to Follow Any Court Order Regarding Alcohol Education, Evaluation, Treatment, or Abstinence.
AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 11, 2019
Answer filed—
Hearing heldOct 21, 2020Hearing was continued due to Covid-19 pandemic.
Decision dateMar 10, 2021

Cite For

Negative Assessment of Reliability and Trustworthiness Due to Criminal Conduct Under Guideline E
Failure to Mitigate Substance Misuse Concerns Under Guideline G
Intentional Falsification of Information Under Guideline J

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
5.a	The conduct alleged under the criminal conduct guideline (1.a – 1.j), and the drug involvement and substance misuse (2.a – 2.c) guideline.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	—	—
5.b	Applicant deliberately falsified his September 2019 responses to DOHA interrogatories when he reported that he last used cocaine in August 2017, not August 2018.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

5.a

The conduct alleged under the criminal conduct guideline (1.a – 1.j), and the drug involvement and substance misuse (2.a – 2.c) guideline.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

5.b

Applicant deliberately falsified his September 2019 responses to DOHA interrogatories when he reported that he last used cocaine in August 2017, not August 2018.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant tested positive for alcohol in July 2018 while participating in a court-ordered substance-abuse treatment program.	Against Applicant	Binge or Intoxication Pattern	Admitted	(b) alcohol-related incident at work	—	—
3.b	In June 2007, Applicant was charged with an open container violation that was nolle prossed.	Against Applicant	Alcohol Related Arrest	Admitted	(b) alcohol-related incident at work	—	—
3.c	specific text not stated in this decision	Unknown	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant tested positive for alcohol in July 2018 while participating in a court-ordered substance-abuse treatment program.

Against Applicant

Binge or Intoxication Pattern

Admitted

(b) alcohol-related incident at work

—

3.b

In June 2007, Applicant was charged with an open container violation that was nolle prossed.

Against Applicant

Alcohol Related Arrest

Admitted

(b) alcohol-related incident at work

—

3.c

specific text not stated in this decision

Unknown

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used cocaine on various occasions between January 2000 and August 2018, not August 2017 as alleged in the December 2019 SOR.	Against Applicant	Cocaine	Unspecified	Admitted	—	—	—
2.b	Applicant tested positive for cocaine in August 2018 while participating in a court-ordered substance-abuse program.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used cocaine on various occasions between January 2000 and August 2018, not August 2017 as alleged in the December 2019 SOR.

Against Applicant

Cocaine

Unspecified

Admitted

—

2.b

Applicant tested positive for cocaine in August 2018 while participating in a court-ordered substance-abuse program.

Against Applicant

Drug Test Failure

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In June 2007, Applicant was charged with an open container violation that was nolle prossed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.b	In July 2011, Applicant was charged with assault. He was convicted.	Against Applicant	Assault or Battery	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.c	In January 2019, Applicant was charged with speeding. He pleaded guilty and received one year of probation before judgment beginning April 2019.	Against Applicant	Unspecified Criminal Conduct	Diversion or Deferred	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.d	In May 2019, Applicant was charged with speeding. He pleaded guilty and received six months of probation before judgment beginning July 2019.	Against Applicant	Unspecified Criminal Conduct	Diversion or Deferred	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In June 2007, Applicant was charged with an open container violation that was nolle prossed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

—

1.b

In July 2011, Applicant was charged with assault. He was convicted.

Against Applicant

Assault or Battery

Convicted

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

—

1.c

In January 2019, Applicant was charged with speeding. He pleaded guilty and received one year of probation before judgment beginning April 2019.

Against Applicant

Unspecified Criminal Conduct

Diversion or Deferred

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

—

1.d

In May 2019, Applicant was charged with speeding. He pleaded guilty and received six months of probation before judgment beginning July 2019.

Against Applicant

Unspecified Criminal Conduct

Diversion or Deferred

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

(c) currently on parole or probation

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION