ISCR Case 21-02624

Case Headnote

ISCR Case No. 21-02624

deniedApr 10, 2023· Hon. Darlene Lokey Anderson· hearing

Summary

A 31-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from an extensive history of criminal conduct, including at least six DUI arrests between 2015 and 2018, an underage drinking charge in 2010, and an apprehension for spousal abuse and child endangerment in 2014. He was administratively separated from the Army in 2016 with an Other than Honorable Discharge due to misconduct, specifically his multiple DUIs. Additionally, between 2016 and 2020, he drove with a suspended or revoked license on at least five to ten occasions.

The applicant also had a history of illegal drug use, including cocaine, marijuana, and MDMA (molly and ecstasy), with some use occurring while possessing a security clearance. Medical records indicated he arrived at work under the influence of alcohol and drugs on several occasions between 2017 and 2018. Although he voluntarily entered an inpatient treatment program for substance abuse from late 2018 to early 2019, diagnosed with Cocaine Use Disorder (Severe), Cannabis Use Disorder (Mild), Stimulant Use Disorder (Moderate), and PTSD, these efforts were not sufficient to mitigate concerns.

A significant factor in the denial was the applicant's repeated dishonesty during the security clearance process. He provided false responses on his 2017 security clearance application regarding his military discharge, extensive arrest history, and illegal drug use. During interviews in 2019 and 2021, he initially denied receiving Army reprimands, having multiple DUI arrests, and the extent of his drug use, only admitting to these facts when confronted with evidence. He also provided untruthful answers to interrogatories in 2022 regarding drug use. The judge concluded that his extensive criminal record and dishonesty raised significant doubts about his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant had a long history of criminal conduct, including multiple DUIs and drug use, which raised significant concerns about his reliability and trustworthiness.
The applicant demonstrated dishonesty in his security clearance application and during interviews, failing to disclose his criminal history and drug use.
Despite treatment for substance abuse, the applicant's past behavior and lack of credible evidence of rehabilitation were insufficient to mitigate security concerns.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 21raisedAlcohol Consumption
AG ¶ 15raisedPersonal Conduct

Key Rule Quoted

“A person who applies for access to classified information seeks to enter into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedFeb 25, 2022
Answer filedMay 26, 2022
Hearing heldOct 14, 2022
Decision dateApr 10, 2023

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Issues of Dishonesty in Security Clearance Applications Under Guideline E
Substance Abuse Concerns Impacting Security Clearance Eligibility Under Guidelines H and G

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
4.a	On March 28, 2017, he completed a security clearance application. Section 15 - Military History, asked him if he was discharged from military service? He answered, “NO”. This was a false response.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	—	—	—
4.b	Section 22 – Police Record, of the same security clearance application asked the Applicant if in the last seven years he has been issued a summons, citation, or ticket to appear in court in a criminal proceeding filed against him?; has he been arrested by any police officer or sheriff, marshal or any other type if law enforcement official?; has he been charged, convicted, or sentenced of a crime in any court?; has he been or is currently on probation or parole?; is he currently on trial or awaiting a trial on criminal charges? Applicant answered, “NO.” This was a false response. He failed to disclose his extensive arrest history discussed above.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
4.c	Section 23-Illegal Drugs, of the same security clearance application asked the Applicant if in the last seven years he has illegally used any drugs or controlled substances? Applicant answered, “No.” This was a false response. He failed to list his illegal drug use discussed above.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
4.d	Section 23 also asked the Applicant if he has ever illegally used or otherwise been involved with a drug or controlled substance while possessing a security clearance other than previously listed? Applicant answered, “NO.” This was a false response. He failed to list his illegal drug use while possessing a security clearance discussed above.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
4.e	During an interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied ever receiving letters of reprimand while in the Army. Only after being confronted by the investigator did he admit to receiving the letters of reprimand.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	—	—	—
4.f	During the same interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied ever having any DUI arrests, other than the arrest in October 2015. Only after being confronted by the investigator did he admit to this arrest.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
4.g	During the same interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied being arrested for DUI in February 2017. Only after being confronted by the investigator did he admit to this arrest.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
4.h	During an interview on August 9, 2021, with an investigator for the Defense Department, Applicant stated that he had only used cocaine three times and that he had never used drugs while possessing a security clearance. Applicant blatantly lied to the investigator.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
4.i	Applicant was asked to respond to interrogatories dated January 3, 2022. When asked to provide the month and year of his last use of marijuana/THC, amphetamine/methamphetamine, and molly/ecstasy, Applicant denied ever using these drugs by answering “NA.” He was not truthful in answering this question.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
4.j	On at least five to ten separate occasions between 2016 and 2020, Applicant drove a vehicle while knowing that his driver’s license was suspended or revoked.	Against Applicant	Rules Violation at Workplace	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

On March 28, 2017, he completed a security clearance application. Section 15 - Military History, asked him if he was discharged from military service? He answered, “NO”. This was a false response.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

—

4.b

Section 22 – Police Record, of the same security clearance application asked the Applicant if in the last seven years he has been issued a summons, citation, or ticket to appear in court in a criminal proceeding filed against him?; has he been arrested by any police officer or sheriff, marshal or any other type if law enforcement official?; has he been charged, convicted, or sentenced of a crime in any court?; has he been or is currently on probation or parole?; is he currently on trial or awaiting a trial on criminal charges? Applicant answered, “NO.” This was a false response. He failed to disclose his extensive arrest history discussed above.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

—

4.c

Section 23-Illegal Drugs, of the same security clearance application asked the Applicant if in the last seven years he has illegally used any drugs or controlled substances? Applicant answered, “No.” This was a false response. He failed to list his illegal drug use discussed above.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

4.d

Section 23 also asked the Applicant if he has ever illegally used or otherwise been involved with a drug or controlled substance while possessing a security clearance other than previously listed? Applicant answered, “NO.” This was a false response. He failed to list his illegal drug use while possessing a security clearance discussed above.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

4.e

During an interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied ever receiving letters of reprimand while in the Army. Only after being confronted by the investigator did he admit to receiving the letters of reprimand.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

—

4.f

During the same interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied ever having any DUI arrests, other than the arrest in October 2015. Only after being confronted by the investigator did he admit to this arrest.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

—

4.g

During the same interview on April 11, 2019, with an investigator for the Defense Department, Applicant denied being arrested for DUI in February 2017. Only after being confronted by the investigator did he admit to this arrest.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

—

4.h

During an interview on August 9, 2021, with an investigator for the Defense Department, Applicant stated that he had only used cocaine three times and that he had never used drugs while possessing a security clearance. Applicant blatantly lied to the investigator.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

—

4.i

Applicant was asked to respond to interrogatories dated January 3, 2022. When asked to provide the month and year of his last use of marijuana/THC, amphetamine/methamphetamine, and molly/ecstasy, Applicant denied ever using these drugs by answering “NA.” He was not truthful in answering this question.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

—

4.j

On at least five to ten separate occasions between 2016 and 2020, Applicant drove a vehicle while knowing that his driver’s license was suspended or revoked.

Against Applicant

Rules Violation at Workplace

—

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant’s history of alcohol abuse includes at least six arrests for DUI and one arrest for Underaged Drinking, that all occurred between 2015 and 2018.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.b	However, medical records from the treatment center indicate that on several occasions between 2017 and 2018, he arrived to work under the influence of alcohol and drugs and on occasion was late for work because of this overindulgence.	Against Applicant	Intoxication at Work or Duty	Denied	—	—	—
3.c	Following his last arrest for DUI in October 2018, Applicant voluntarily entered an Alcohol and Drug treatment program for his addictions.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant’s history of alcohol abuse includes at least six arrests for DUI and one arrest for Underaged Drinking, that all occurred between 2015 and 2018.

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.b

However, medical records from the treatment center indicate that on several occasions between 2017 and 2018, he arrived to work under the influence of alcohol and drugs and on occasion was late for work because of this overindulgence.

Against Applicant

Intoxication at Work or Duty

Denied

—

3.c

Following his last arrest for DUI in October 2018, Applicant voluntarily entered an Alcohol and Drug treatment program for his addictions.

Against Applicant

Treatment Non Compliance

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant has used a variety of illegal drugs while possessing a security clearance. He admitted using cocaine, but denies ever using any other illegal drug.	Against Applicant	CocaineWHILE CLEARED	Regular	Admitted	—	—	—
2.b	From November 29, 2018, to February 27, 2019, Applicant voluntarily entered an inpatient treatment for conditions diagnosed as Cocaine Use Disorder (Severe), Cannabis Use Disorder (Mild), Stimulant Use Disorder (Moderate), and PTSD.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	—	—	—
2.c	From 2012 until at least September 2018, he used marijuana with varying frequency, while granted access to classified information.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
2.d	In late 2017 and/or in 2018, he used MDMA (molly and ecstasy) with varying frequency while granted access to classified information.	Against Applicant	MDMAWHILE CLEARED	Frequent	Admitted	—	—	—
2.e	Applicant has also on occasion, between 2017 and 2018, shown up late for work under the influence of illegal drugs and alcohol.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant has used a variety of illegal drugs while possessing a security clearance. He admitted using cocaine, but denies ever using any other illegal drug.

Against Applicant

CocaineWHILE CLEARED

Regular

Admitted

—

2.b

From November 29, 2018, to February 27, 2019, Applicant voluntarily entered an inpatient treatment for conditions diagnosed as Cocaine Use Disorder (Severe), Cannabis Use Disorder (Mild), Stimulant Use Disorder (Moderate), and PTSD.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

—

2.c

From 2012 until at least September 2018, he used marijuana with varying frequency, while granted access to classified information.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

2.d

In late 2017 and/or in 2018, he used MDMA (molly and ecstasy) with varying frequency while granted access to classified information.

Against Applicant

MDMAWHILE CLEARED

Frequent

Admitted

—

2.e

Applicant has also on occasion, between 2017 and 2018, shown up late for work under the influence of illegal drugs and alcohol.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In October 2010, Applicant was charged with underaged drinking. He was found guilty and received an Article 15.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In July 2014, he was apprehended for Spousal Abuse and Child Endangerment.	Against Applicant	Assault or Battery	—	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In October 2015, Applicant was arrested and charged with DUI, with a BAC of .08% or higher, and Driving without a license.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In March 2016, while on probation for his October 2015 DUI offense, Applicant was arrested and charged with DUI, and hit and run.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In June 2016, while still on probation for his March 2016 DUI offense, Applicant was arrested and charged with DUI, and registered a BAC of .13%.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In December 2016, he was administratively separated from the Army for misconduct, (namely his multiple DUI’s) and he received an Other than Honorable Discharge.	Against Applicant	Unspecified Criminal Conduct	—	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In February 2017, while still on probation for the offense in October 2015, he was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	In September 2018, while still on probation and diversion for the offenses in October 2015 and February 2017, Applicant was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	In October 2018, while still on probation and diversion for the offenses in October 2015 and February 2017, Applicant was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In October 2010, Applicant was charged with underaged drinking. He was found guilty and received an Article 15.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.b

In July 2014, he was apprehended for Spousal Abuse and Child Endangerment.

Against Applicant

Assault or Battery

—

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.c

In October 2015, Applicant was arrested and charged with DUI, with a BAC of .08% or higher, and Driving without a license.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.d

In March 2016, while on probation for his October 2015 DUI offense, Applicant was arrested and charged with DUI, and hit and run.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.e

In June 2016, while still on probation for his March 2016 DUI offense, Applicant was arrested and charged with DUI, and registered a BAC of .13%.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.f

In December 2016, he was administratively separated from the Army for misconduct, (namely his multiple DUI’s) and he received an Other than Honorable Discharge.

Against Applicant

Unspecified Criminal Conduct

—

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.g

In February 2017, while still on probation for the offense in October 2015, he was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.h

In September 2018, while still on probation and diversion for the offenses in October 2015 and February 2017, Applicant was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

1.i

In October 2018, while still on probation and diversion for the offenses in October 2015 and February 2017, Applicant was arrested and charged with DUI, and Driving While License Suspended for DUI, after registering a BAC of .08% or higher.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

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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