ISCR Case 23-00331

Case Headnote

ISCR Case No. 23-00331

deniedAug 14, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 38-year-old armed security officer was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant had a history of marijuana use, including occasions in May 2017 and November 2020, and was charged with possession in June 2017. He also failed a urinalysis test for marijuana in November 2020.

Additionally, the applicant demonstrated a pattern of personal conduct issues and dishonesty. He was charged with assault on a family member and destruction of property in June 2008, and again with assault on a family member in January 2011. In March 2015, he was charged with violating a protective order, convicted of one count, and served one day of confinement. He was also terminated from a mail clerk position for giving mail to an unauthorized person and from another job in March 2021 after a coworker reported feeling unsafe.

The applicant falsified his April 2014 e-QIP by failing to disclose his termination as a mail clerk and the June 2008 assault charges. He further falsified his April 2022 e-QIP by not disclosing all marijuana use and provided false information during an October 2022 security interview regarding the extent of his drug use. The denial was based on his admitted marijuana use, positive drug test, a pattern of dishonesty on security clearance forms, and a lack of credibility in his explanations.

Why the Applicant Was Denied

The applicant admitted to using marijuana and was found to have tested positive for it, raising concerns about reliability and trustworthiness.
The applicant demonstrated a pattern of dishonesty by falsifying information on multiple e-QIPs, undermining the integrity of the clearance process.
The applicant's explanations for his conduct were not credible, and he failed to establish mitigating conditions for his drug use and personal conduct.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
AG ¶ 16(a)appliedDeliberate Omission or Falsification
AG ¶ 16(b)appliedProviding False or Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedMay 10, 2023
Answer filedMay 16, 2023
Hearing heldJun 6, 2024Originally scheduled for April 22, 2024, but continued due to issues with government exhibits.
Decision dateAug 14, 2024

Cite For

Denial Based on Drug Involvement Under Guideline H
Credibility Issues Due to Falsifications in Security Clearance Applications Under Guideline E
The Importance of Honesty in the Security Clearance Process.

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	Cross-alleges the conduct in SOR ¶¶ 1.a-1.c.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—
2.b	In June 2008, Applicant was charged with assault on a family member and destruction of property.	For Applicant	Questionable Judgment General	Criminal Conduct	Admitted	—	—	—
2.c	Applicant was charged with assault on a family member in January 2011.	For Applicant	Questionable Judgment General	Criminal Conduct	Admitted	—	—	—
2.d	Applicant falsified his April 2014 e-QIP by failing to disclose that he was terminated from a job as a mail clerk on a military installation for giving mail to an unauthorized person.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.e	Applicant falsified his April 2014 e-QIP by failing to disclose that he was charged with assault on a family member and destruction of property in June 2008.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.g	In March 2015, Applicant was charged with two counts of violating a protective order, convicted of one count, and sentenced to one day of confinement.	Against Applicant	Questionable Judgment General	Criminal Conduct	Admitted	—	—	—
2.k	In March 2021, Applicant was terminated from employment after another employee reported that she was scared to work with him.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.l	Applicant falsified his April 2022 e-QIP by admitting his marijuana use in May 2017 but not disclosing his marijuana use in November 2020.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.n	Applicant falsified material facts during a security interview in October 2022 by claiming that he used marijuana on only two occasions in May 2017.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Cross-alleges the conduct in SOR ¶¶ 1.a-1.c.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

—

2.b

In June 2008, Applicant was charged with assault on a family member and destruction of property.

For Applicant

Questionable Judgment General

Criminal Conduct

Admitted

—

2.c

Applicant was charged with assault on a family member in January 2011.

For Applicant

Questionable Judgment General

Criminal Conduct

Admitted

—

2.d

Applicant falsified his April 2014 e-QIP by failing to disclose that he was terminated from a job as a mail clerk on a military installation for giving mail to an unauthorized person.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

—

2.e

Applicant falsified his April 2014 e-QIP by failing to disclose that he was charged with assault on a family member and destruction of property in June 2008.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

2.g

In March 2015, Applicant was charged with two counts of violating a protective order, convicted of one count, and sentenced to one day of confinement.

Against Applicant

Questionable Judgment General

Criminal Conduct

Admitted

—

2.k

In March 2021, Applicant was terminated from employment after another employee reported that she was scared to work with him.

For Applicant

Rules Violation at Workplace

—

Admitted

—

2.l

Applicant falsified his April 2022 e-QIP by admitting his marijuana use in May 2017 but not disclosing his marijuana use in November 2020.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

—

2.n

Applicant falsified material facts during a security interview in October 2022 by claiming that he used marijuana on only two occasions in May 2017.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana on various occasions at least approximately May 2017 and November 2020.	Against Applicant	Marijuana	Experimental	Denied	—	—	—
1.b	Applicant was charged with possession of marijuana in approximately June 2017.	For Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.c	In November 2020, Applicant failed a urinalysis test by testing positive for marijuana.	Against Applicant	Drug Test Failure	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana on various occasions at least approximately May 2017 and November 2020.

Against Applicant

Marijuana

Experimental

Denied

—

1.b

Applicant was charged with possession of marijuana in approximately June 2017.

For Applicant

Drug Test Failure

Not Applicable

Admitted

—

1.c

In November 2020, Applicant failed a urinalysis test by testing positive for marijuana.

Against Applicant

Drug Test Failure

Not Applicable

Denied

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision