ISCR Case 22-01911

Case Headnote

ISCR Case No. 22-01911

deniedNov 1, 2023· Hon. Charles C. Hale· hearing

Summary

A 37-year-old welding inspector was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and H (Drug Involvement). The denial stemmed from multiple issues, including falsifying information on her security clearance application (SCA) and in interrogatories regarding her drug use and employment history. Specifically, she misrepresented facts in July 2021 on her SCA concerning illegal drug use and employment activities, and again in October 2022 during interrogatories.

Further issues included two positive marijuana tests: one in March 2021 during a pre-employment screening for Company C, and another in September 2021 while employed at Company A, which led to her termination in October 2021 after a motor vehicle accident on company grounds. She admitted to marijuana use from at least August 2014 to September 2021. Additionally, the applicant owed $6,212.64 in delinquent federal taxes for the 2017 tax year.

The judge found the applicant's claims of secondhand smoke exposure not credible, undermining her defense against the drug use allegations. Despite some admissions, the judge concluded that significant security concerns remained regarding her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant falsified material facts in her security clearance application regarding drug use and employment history.
She tested positive for marijuana on two occasions, raising concerns about her reliability and judgment.
The applicant's claims of secondhand smoke exposure were deemed not credible, undermining her defense against drug use allegations.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission
AG ¶ 17(c)rejectedThe Offense Is Minor or Unlikely to RecurThe applicant's false statements were not considered minor as they directly impacted the security clearance process.
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant did not provide sufficient evidence of actions taken to overcome her drug involvement.

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 issuedFeb 23, 2023
Answer filedMar 14, 2023
Hearing held—Decision made on the written record without a hearing.
Decision dateNov 1, 2023

Cite For

Falsification of Information in Security Clearance Applications Under Guideline E
Drug Involvement and Substance Misuse Concerns Under Guideline H
Financial Considerations Related to Delinquent Taxes Under Guideline F

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	Falsified material facts in response to interrogatories dated October 27, 2022.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Falsified material facts on an SCA dated July 14, 2021, pertaining to 'Section 23-Illegal Use of Drugs or Drug Activity'.	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	Falsified material facts on an SCA dated July 14, 2021, pertaining to 'Section 13A – Employment Activities'.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	Tested positive for marijuana in March 2021, during a pre-employment drug screening/urinalysis for a job with Company C.	For Applicant	Falsification Security Form	—	Admitted	—	—	—
1.e	Terminated from employment at Company A in October 2021 after testing positive for marijuana during a urinalysis administered by your employer immediately after being involved in a motor vehicle accident on company grounds in September 2021.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Falsified material facts in response to interrogatories dated October 27, 2022.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

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

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

—

1.b

Falsified material facts on an SCA dated July 14, 2021, pertaining to 'Section 23-Illegal Use of Drugs or Drug Activity'.

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

Falsified material facts on an SCA dated July 14, 2021, pertaining to 'Section 13A – Employment Activities'.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

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

—

1.d

Tested positive for marijuana in March 2021, during a pre-employment drug screening/urinalysis for a job with Company C.

For Applicant

Falsification Security Form

—

Admitted

—

1.e

Terminated from employment at Company A in October 2021 after testing positive for marijuana during a urinalysis administered by your employer immediately after being involved in a motor vehicle accident on company grounds in September 2021.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	You are indebted to the Federal Government for delinquent taxes in the amount of $6,212.64 for tax year 2017. $6,212	For Applicant	Tax Unpaid	Admitted	—	—	Claimed Debt Paid in Full Claimed Debt Settlement

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

You are indebted to the Federal Government for delinquent taxes in the amount of $6,212.64 for tax year 2017.

$6,212

For Applicant

Tax Unpaid

Admitted

—

Claimed

Debt Paid in Full

Claimed

Debt Settlement

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	On or about March 2021, you tested positive for marijuana on a urinalysis test administered by your employer.	Against Applicant	Marijuana	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
2.b	On or about September 2021, you tested positive for marijuana on a urinalysis test administered by your employer.	Against Applicant	Marijuana	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
2.c	From at least August 2014 to at least September 2021, you used marijuana with varying frequency.	Against Applicant	Marijuana	Frequent	Denied	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

On or about March 2021, you tested positive for marijuana on a urinalysis test administered by your employer.

Against Applicant

Marijuana

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

2.b

On or about September 2021, you tested positive for marijuana on a urinalysis test administered by your employer.

Against Applicant

Marijuana

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

2.c

From at least August 2014 to at least September 2021, you used marijuana with varying frequency.

Against Applicant

Marijuana

Frequent

Denied

(a) any substance misuse

(b) testing positive for an illegal drug

—

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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