ISCR Case 15-08512.h1

Case Headnote

ISCR Case No. 15-08512.h1

deniedMay 3, 2018· Hon. Noreen A. Lynch· hearing

Summary

A 48-year-old Navy veteran and aircraft mechanic was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of criminal conduct, including multiple arrests for charges such as Driving Under the Influence (DUI) in 1995, domestic violence in 2004, child abuse and assault in 2005, and additional assault charges in 2013, 2014, and 2014, the last of which resulted in a guilty plea and a suspended prison sentence with probation.

Further concerns arose from the applicant's alcohol and drug involvement. In July 2014, he received inpatient treatment for alcohol detoxification and was diagnosed with alcohol dependence. He was also diagnosed with opioid dependence around July 2014. The applicant admitted to misusing Percocet without a prescription from 2011 to 2014, and illegally using marijuana, cocaine, heroin, and angel dust with varying frequency from as early as 1985 until at least July 2014. Additionally, he failed to disclose several criminal conduct allegations and illegal drug use on security clearance applications.

While the applicant presented mitigating factors related to his alcohol treatment and some aspects of personal conduct, the judge determined these were insufficient to overcome the significant security concerns. The applicant's extensive history of criminal conduct and substance misuse, coupled with failures to disclose information, led to a finding that he did not sufficiently address the reliability and trustworthiness issues, resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns under Guidelines E and H regarding personal conduct and drug involvement.
The applicant's history of criminal conduct, including multiple arrests and substance misuse, raised significant reliability issues.
Despite mitigating evidence for alcohol consumption, the applicant's overall conduct and past behavior were deemed insufficient to establish trustworthiness.

Conditions Referenced

Disqualifying

E2.A5.1raisedPersonal Conduct
E2.A5.2raisedCriminal Conduct
E2.A5.3raisedDrug Involvement

Mitigating

E2.A5.1.3appliedPersonal ConductThe applicant demonstrated some rehabilitation efforts and positive character references.
G2.A2.1.3appliedAlcohol ConsumptionThe applicant completed an alcohol treatment program and has maintained sobriety.
H2.A2.1rejectedDrug InvolvementThe applicant's claims of limited drug use were not sufficient to mitigate the concerns.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 7, 2016
Answer filedJul 18, 2016
Hearing heldJan 25, 2018rescheduled from 11/09/2017
Decision dateMay 3, 2018

Cite For

Failure to Mitigate Security Concerns Under Guideline E Regarding Personal Conduct
Impact of Criminal History on Security Clearance Eligibility
Consideration of Rehabilitation Efforts in Alcohol-related Cases

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 failed to disclose the information alleged in subparagraph 1.d, and 1.e in criminal conduct.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
3.b	Applicant did not disclose the allegation under criminal conduct in 1.a and 1.d.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
3.c	Applicant failed to disclose that information alleged under criminal SOR 1.a.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
3.d	Applicant failed to disclose the information as alleged in SOR 2.c.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
3.e	Applicant failed to disclose his illegal drug use within seven years of 2015 as described in the amended Guideline 4 (Drug Use).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—
3.f	Applicant failed to disclose his illegal drug use within 7 years on his 2007 SCA in response to Section 24.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to disclose the information alleged in subparagraph 1.d, and 1.e in criminal conduct.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

3.b

Applicant did not disclose the allegation under criminal conduct in 1.a and 1.d.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

3.c

Applicant failed to disclose that information alleged under criminal SOR 1.a.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

3.d

Applicant failed to disclose the information as alleged in SOR 2.c.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

3.e

Applicant failed to disclose his illegal drug use within seven years of 2015 as described in the amended Guideline 4 (Drug Use).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

3.f

Applicant failed to disclose his illegal drug use within 7 years on his 2007 SCA in response to Section 24.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The SOR (2.a) cross-alleged the information alleged in 1.a and 1.e.	For Applicant	DUI or DWI Alcohol	Unknown	—	—	—
2.b	The allegation referred to the 2014 alcohol treatment that Applicant received from the Veteran’s Administration.	For Applicant	Alcohol Related Hospitalization	Unknown	—	—	—
2.c	From July 2014 to August 2014 Applicant received inpatient treatment for alcohol detoxification from an institute.	For Applicant	Alcohol Related Hospitalization	Unknown	—	—	—
2.d	In July 2014, it was alleged that a licensed clinical social worker (LCSW) diagnosed Applicant as Alcohol Dependent.	For Applicant	Alcohol Use Disorder Diagnosed	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The SOR (2.a) cross-alleged the information alleged in 1.a and 1.e.

For Applicant

DUI or DWI Alcohol

Unknown

—

2.b

The allegation referred to the 2014 alcohol treatment that Applicant received from the Veteran’s Administration.

For Applicant

Alcohol Related Hospitalization

Unknown

—

2.c

From July 2014 to August 2014 Applicant received inpatient treatment for alcohol detoxification from an institute.

For Applicant

Alcohol Related Hospitalization

Unknown

—

2.d

In July 2014, it was alleged that a licensed clinical social worker (LCSW) diagnosed Applicant as Alcohol Dependent.

For Applicant

Alcohol Use Disorder Diagnosed

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
4.a	In approximately July 2014, a licensed clinical social worker diagnosed him as having a condition described as opioid dependence.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.b	From approximately 2011 until at least July 2014, misused Percocet with varying frequency without holding a valid prescription.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.c	From approximately 1985 until at least July 2014, illegally used marijuana with varying frequency.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.d	From approximately 1986 until at least July 2014, illegally used cocaine with varying frequency.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.e	From approximately 1988 until at least July 2014, illegally used heroin with varying frequency.	Against Applicant	HeroinWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.f	From approximately 1990 until at least July 2014, illegally used angel dust with varying frequency.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
4.g	From no later than September 2007 until July 2014, illegally misused the controlled substances described in paragraphs 4.b through 4.f.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

4.a

In approximately July 2014, a licensed clinical social worker diagnosed him as having a condition described as opioid dependence.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.b

From approximately 2011 until at least July 2014, misused Percocet with varying frequency without holding a valid prescription.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.c

From approximately 1985 until at least July 2014, illegally used marijuana with varying frequency.

Against Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.d

From approximately 1986 until at least July 2014, illegally used cocaine with varying frequency.

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.e

From approximately 1988 until at least July 2014, illegally used heroin with varying frequency.

Against Applicant

HeroinWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.f

From approximately 1990 until at least July 2014, illegally used angel dust with varying frequency.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Experimental

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

4.g

From no later than September 2007 until July 2014, illegally misused the controlled substances described in paragraphs 4.b through 4.f.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In May 1995, while in the U.S. Navy, Applicant reported that he was stopped at the gate of his base after having several drinks with a woman he met. He was charged with Driving Under the Influence (DUI).	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—
1.b	In June 2004, when Applicant was living with his wife, a protective order was issued against him. They had a difficult relationship and were arguing. Applicant reported during his interview that his wife shoved him and he shoved her. She called the police and Applicant was arrested for domestic violence.	For Applicant	Domestic Violence	Arrested Not Charged	Admitted	—	—	—
1.c	In October 2005, Applicant was charged with child abuse and assault. He admitted that he spanked his two daughters with a belt after he learned that they had misbehaved on the school bus.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
1.d	An August 2013 misdemeanor charge of second degree assault and possession of paraphernalia, Applicant could not recall any details. However, he stated that he was dating a woman with alcohol problems. He believes they were arguing, but he did not harm her.	For Applicant	Assault or Battery	Charged Not Convicted	Denied	—	—	—
1.e	In April 2014, Applicant was arrested and charged with second degree assault, and a protective order was issued against him by his girlfriend. This incident involved alcohol.	For Applicant	Domestic Violence	Charged Not Convicted	Denied	—	—	—
1.f	Applicant was arrested in June 2014, and charged with second degree child abuse and second degree assault. He pled guilty and was sentenced to five years in prison, all but three days suspended, and five years of probation.	For Applicant	Assault or Battery	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In May 1995, while in the U.S. Navy, Applicant reported that he was stopped at the gate of his base after having several drinks with a woman he met. He was charged with Driving Under the Influence (DUI).

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

1.b

In June 2004, when Applicant was living with his wife, a protective order was issued against him. They had a difficult relationship and were arguing. Applicant reported during his interview that his wife shoved him and he shoved her. She called the police and Applicant was arrested for domestic violence.

For Applicant

Domestic Violence

Arrested Not Charged

Admitted

—

1.c

In October 2005, Applicant was charged with child abuse and assault. He admitted that he spanked his two daughters with a belt after he learned that they had misbehaved on the school bus.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

—

1.d

An August 2013 misdemeanor charge of second degree assault and possession of paraphernalia, Applicant could not recall any details. However, he stated that he was dating a woman with alcohol problems. He believes they were arguing, but he did not harm her.

For Applicant

Assault or Battery

Charged Not Convicted

Denied

—

1.e

In April 2014, Applicant was arrested and charged with second degree assault, and a protective order was issued against him by his girlfriend. This incident involved alcohol.

For Applicant

Domestic Violence

Charged Not Convicted

Denied

—

1.f

Applicant was arrested in June 2014, and charged with second degree child abuse and second degree assault. He pled guilty and was sentenced to five years in prison, all but three days suspended, and five years of probation.

For Applicant

Assault or Battery

Convicted

Admitted

—

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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

FOOTNOTES