ISCR Case 24-01011

Case Headnote

ISCR Case No. 24-01011

deniedFeb 20, 2025· Hon. Robert B. Blazewick· hearing

Summary

A 44-year-old male applicant was denied a security clearance due to concerns under Guidelines J (Criminal Conduct), H (Drug Involvement), and E (Personal Conduct). The denial stemmed from an extensive history of criminal conduct and drug use, which the judge determined raised significant doubts about his reliability and trustworthiness.

Specific allegations included an Other Than Honorable discharge from the U.S. Army in 2006, following an unauthorized absence in 2005 and a 2006 arrest for providing false information to avoid apprehension. The applicant also falsified his 2023 security clearance application by failing to disclose arrests in 2006 and 2016. His criminal record further included a 2016 arrest for speeding and multiple drug offenses, and a 2019 arrest for cruelty to children.

Regarding drug involvement, the applicant admitted to using and purchasing marijuana from 1997 to at least August 2023, and using cocaine multiple times in 2016, though not since. He also used and purchased Nandrolone Decanoate, an illegal anabolic steroid, from 2015 to at least August 2023. The judge concluded that the applicant's admitted criminal offenses, recent drug use, and failure to demonstrate sufficient rehabilitation warranted the denial.

Why the Applicant Was Denied

The applicant admitted to multiple criminal offenses, including drug use and a history of poor judgment.
The applicant's criminal history included an Other Than Honorable discharge from the U.S. Army and multiple felony convictions.
The applicant's recent drug use and failure to demonstrate rehabilitation raised doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(c)appliedCurrently on Parole or Probation
AG ¶ 31(e)appliedDischarge From Armed Forces for Reasons Less Than 'honorable'
AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 16(c)appliedCredible Adverse Information
AG ¶ 16(d)appliedCredible Adverse Information Not Covered by Other Guidelines

Key Rule Quoted

“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— ISCR Case No. 09-01652 at 3 (App. Bd. Aug. 8, 2011)

Procedural Posture

SOR issuedAug 16, 2024
Answer filedAug 16, 2024
Hearing held—Decision on the written record requested.
Decision dateFeb 20, 2025

Cite For

Denial of Clearance Due to Extensive Criminal History Under Guideline J
Denial Based on Drug Involvement Under Guideline H
Lack of Mitigating Factors for Personal Conduct Under Guideline E

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
3.a	Applicant was discharged from the U.S. Army in 2006 with an Other Than Honorable Discharge.	Against Applicant	Rules Violation at Workplace	—	Unknown	—	—	—
3.b	Applicant falsified material facts on his security clearance application in 2023 when he failed to disclose his 2006 and 2016 arrests.	For Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Unknown	(b) deliberately providing false information to an investigator or official	—	—
3.c	Applicant's long history of poor judgment and rule-breaking clearly establish security concerns.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	(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

3.a

Applicant was discharged from the U.S. Army in 2006 with an Other Than Honorable Discharge.

Against Applicant

Rules Violation at Workplace

—

Unknown

—

3.b

Applicant falsified material facts on his security clearance application in 2023 when he failed to disclose his 2006 and 2016 arrests.

For Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Unknown

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

—

3.c

Applicant's long history of poor judgment and rule-breaking clearly establish security concerns.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

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

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used and purchased marijuana from 1997 to at least August 2023.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
2.b	Applicant used cocaine multiple times in 2016.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	—	—	—
2.c	Applicant's cocaine use was not recent nor frequent, and he has not used since 2016.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
2.d	Applicant used and purchased Nandrolone Decanoate, an illegal anabolic steroid, from 2015 to at least August 2023.	Against Applicant	Anabolic Steroid MisuseWHILE CLEARED	Regular	Admitted	—	—	—
2.e–2.f	2 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

2.a

Applicant used and purchased marijuana from 1997 to at least August 2023.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

2.b

Applicant used cocaine multiple times in 2016.

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

—

2.c

Applicant's cocaine use was not recent nor frequent, and he has not used since 2016.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

2.d

Applicant used and purchased Nandrolone Decanoate, an illegal anabolic steroid, from 2015 to at least August 2023.

Against Applicant

Anabolic Steroid MisuseWHILE CLEARED

Regular

Admitted

—

2.e–2.f

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

Against Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant left his assigned duty station with the U.S. Army without authorization in 2005.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was arrested in 2006 for giving a false name and date of birth to avoid arrest for his 2005 leave without absence.	Against Applicant	Fraud or Deception Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was arrested in 2016 for speeding and multiple drug offenses.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant was arrested in 2019 for cruelty to children.	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant left his assigned duty station with the U.S. Army without authorization in 2005.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

1.b

Applicant was arrested in 2006 for giving a false name and date of birth to avoid arrest for his 2005 leave without absence.

Against Applicant

Fraud or Deception Criminal

Convicted

Admitted

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

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

—

1.c

Applicant was arrested in 2016 for speeding and multiple drug offenses.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

1.d

Applicant was arrested in 2019 for cruelty to children.

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

—

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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