ISCR Case 19-03550

Case Headnote

ISCR Case No. 19-03550

deniedMar 9, 2021· Hon. Stephanie C. Hess· hearing

Summary

A 27-year-old associate technical professional was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to extensive illegal drug use and repeated falsification of information. The applicant admitted to using heroin from approximately December 2014 to September 2018, amphetamines from 2015 to August 2018, benzodiazepines in August 2018, and marijuana from 2011 to 2018. She was arrested in December 2014 for possession and use of drug-related objects and tested positive for opiates and benzodiazepines in August 2018.

The applicant falsified three responses regarding illegal drug use on her 2019 e-QIP. She also misrepresented the reason for her termination from employment in September 2018, stating she was not eligible for rehire due to a rule violation, but falsifying this information on her e-QIP. Furthermore, she falsified material facts about her drug use and the reason for her 2018 employment departure during her personal subject interview in April 2019.

The judge determined that the applicant's admissions and explanations lacked credibility, particularly her claims of reform and abstinence from drug use. Consequently, she was found not to meet the necessary standards for security clearance, and her application was denied.

Why the Applicant Was Denied

The applicant admitted to using heroin, amphetamines, benzodiazepines, and marijuana over several years.
She falsified information on her security clearance application regarding her drug use and employment termination.
The judge found her claims of reform and abstinence from drug use to lack credibility.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(b)appliedTesting Positive for Illegal Drugs
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(e)appliedFailure to Successfully Complete a Drug Treatment Program
AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedApr 30, 2020
Answer filed—Applicant requested a decision on the record without a hearing.
Hearing held—Decision made based on written record.
Decision dateMar 9, 2021

Cite For

Denial of Security Clearance Due to Significant Drug Involvement Under Guideline H
Falsification of Information on Security Clearance Applications Under Guideline E
Credibility Issues Regarding Claims of Reform and Abstinence From Drug Use.

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
2.a	Applicant falsified three of her responses regarding illegal drug use on her 2019 e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Applicant was terminated by her employer in September 2018 for violation of rules and is not eligible for rehire.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.c	Applicant falsified the reason for leaving this employment on her 2019 e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.d	Applicant falsified material facts about her drug use and her reason for leaving her employment in 2018 during her personal subject interview (PSI) in April 2019.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.e–2.g	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified three of her responses regarding illegal drug use on her 2019 e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.b

Applicant was terminated by her employer in September 2018 for violation of rules and is not eligible for rehire.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

2.c

Applicant falsified the reason for leaving this employment on her 2019 e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.d

Applicant falsified material facts about her drug use and her reason for leaving her employment in 2018 during her personal subject interview (PSI) in April 2019.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.e–2.g

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used heroin with varying frequency from about December 2014 until about September 2018; amphetamines from 2015 until August 2018; benzodiazepines in August 2018; and marijuana from 2011 until 2018.	Against Applicant	HeroinWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	Applicant was arrested and charged with possession and use of drug-related objects in December 2014 and tested positive for opiates and benzodiazepines in August 2018.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.c–1.f	4 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used heroin with varying frequency from about December 2014 until about September 2018; amphetamines from 2015 until August 2018; benzodiazepines in August 2018; and marijuana from 2011 until 2018.

Against Applicant

HeroinWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.b

Applicant was arrested and charged with possession and use of drug-related objects in December 2014 and tested positive for opiates and benzodiazepines in August 2018.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.c–1.f

4 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

Unspecified Drug Involvement

Unspecified

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION