ISCR Case 17-01478.h1

Case Headnote

ISCR Case No. 17-01478.h1

deniedAug 16, 2018· Hon. Matthew E. Malone· hearing

Summary

A 41-year-old electronics technician 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 alcohol abuse and criminal conduct, including multiple arrests for driving under the influence (DUI) or driving while intoxicated (DWI) between 1999 and 2013. He also faced charges for public intoxication and received non-judicial punishment in the U.S. Navy for being drunk and disorderly in 1997 and 1998.

Additionally, the applicant had a history of drug involvement, including testing positive for cocaine in 2015 and arrests for possession of cannabis, marijuana, and drug paraphernalia. A previous security clearance application in 2004 was denied due to concerns about illegal drug involvement, alcohol consumption, and falsifying the application.

The denial was primarily based on the applicant's failure to mitigate his extensive history of alcohol abuse and related criminal conduct. Furthermore, he deliberately falsified his October 2015 security clearance application (e-QIP) by omitting numerous drug and alcohol-related offenses. Despite some mitigating factors regarding past drug involvement, the persistent alcohol-related issues and the intentional misrepresentation on his application led to the denial.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns regarding his long history of alcohol abuse and alcohol-related criminal conduct.
The applicant deliberately falsified his 2015 security clearance application by omitting significant drug and alcohol-related offenses.

Conditions Referenced

Disqualifying

AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 21raisedExcessive Alcohol Consumption
AG ¶ 30raisedDeliberate Falsification of Information

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long AgoThe applicant's illegal drug involvement last occurred over 20 years ago and is unlikely to recur.

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedNov 9, 2017
Answer filed—
Hearing heldMay 9, 2018
Decision dateAug 16, 2018

Cite For

Denial Based on Long History of Alcohol Abuse Under Guideline G
Deliberate Falsification of Security Clearance Application Under Guideline E
Mitigation of Past Drug Involvement Under Guideline H Due to Time Elapsed

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	Applicant deliberately made false official statements when he omitted from his October 2015 e-QIP the drug and alcohol-related offenses addressed at SOR 1.b – 1.d, 2.a – 2.c, 2.f – 2.j, 2.l and 2.m	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—
4.b	In 2004, Applicant was denied a security clearance because of security concerns about illegal drug involvement, alcohol consumption, and falsifying a security clearance application	Against Applicant	Falsification Security Form	—	Admitted	—	—	—
4.c	The SOR cross-alleged as adverse personal conduct the SOR allegations regarding drug use and alcohol consumption	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant deliberately made false official statements when he omitted from his October 2015 e-QIP the drug and alcohol-related offenses addressed at SOR 1.b – 1.d, 2.a – 2.c, 2.f – 2.j, 2.l and 2.m

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

4.b

In 2004, Applicant was denied a security clearance because of security concerns about illegal drug involvement, alcohol consumption, and falsifying a security clearance application

Against Applicant

Falsification Security Form

—

Admitted

—

4.c

The SOR cross-alleged as adverse personal conduct the SOR allegations regarding drug use and alcohol consumption

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	In February 2013, Applicant was arrested and charged with driving while intoxicated (DWI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	In September 2013, Applicant was ordered to attend DWI school.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
2.c	In September 2007, Applicant was charged and found guilty of being drunk in public and alcohol consumption/intoxication.	Against Applicant	Public Intoxication	Admitted	—	—	—
2.d	In 2005, Applicant was ordered to attend an alcohol education class.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
2.e	Between April and July 2004, Applicant received court-ordered alcohol counseling.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
2.f	In October 2004, Applicant was arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.g	In October 2002, Applicant was arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.h	In February 2001, Applicant was arrested and charged with being drunk in public.	Against Applicant	Public Intoxication	Admitted	—	—	—
2.i	In August 2000, Applicant was arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.j	In June 1999, Applicant was arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.k	In 1998, Applicant received court-ordered alcohol counseling.	Against Applicant	Treatment Non Compliance	Admitted	—	—	—
2.l	In 1998, while serving in the U.S. Navy, Applicant received non-judicial punishment (Captain’s Mast) for being drunk and disorderly.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—
2.m	In 1997, while serving in the U.S. Navy, Applicant received non-judicial punishment (Captain’s Mast) for being drunk and disorderly.	Against Applicant	Alcohol Related Arrest	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

In February 2013, Applicant was arrested and charged with driving while intoxicated (DWI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.b

In September 2013, Applicant was ordered to attend DWI school.

Against Applicant

Treatment Non Compliance

Admitted

—

2.c

In September 2007, Applicant was charged and found guilty of being drunk in public and alcohol consumption/intoxication.

Against Applicant

Public Intoxication

Admitted

—

2.d

In 2005, Applicant was ordered to attend an alcohol education class.

Against Applicant

Treatment Non Compliance

Admitted

—

2.e

Between April and July 2004, Applicant received court-ordered alcohol counseling.

Against Applicant

Treatment Non Compliance

Admitted

—

2.f

In October 2004, Applicant was arrested and charged with driving under the influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.g

In October 2002, Applicant was arrested and charged with driving under the influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.h

In February 2001, Applicant was arrested and charged with being drunk in public.

Against Applicant

Public Intoxication

Admitted

—

2.i

In August 2000, Applicant was arrested and charged with driving under the influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.j

In June 1999, Applicant was arrested and charged with driving under the influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.k

In 1998, Applicant received court-ordered alcohol counseling.

Against Applicant

Treatment Non Compliance

Admitted

—

2.l

In 1998, while serving in the U.S. Navy, Applicant received non-judicial punishment (Captain’s Mast) for being drunk and disorderly.

Against Applicant

Alcohol Related Arrest

Admitted

—

2.m

In 1997, while serving in the U.S. Navy, Applicant received non-judicial punishment (Captain’s Mast) for being drunk and disorderly.

Against Applicant

Alcohol Related Arrest

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	tested positive for cocaine while holding a security clearance in September 2015	For Applicant	CocaineWHILE CLEARED	Not Applicable	Denied	—	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.b	arrested for possession of cannabis and possession of drug paraphernalia	For Applicant	Marijuana	Not Applicable	Denied	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.c	arrested for possession of drug paraphernalia	For Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.d	arrested for possession of marijuana	Withdrawn	Marijuana	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

tested positive for cocaine while holding a security clearance in September 2015

For Applicant

CocaineWHILE CLEARED

Not Applicable

Denied

—

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.b

arrested for possession of cannabis and possession of drug paraphernalia

For Applicant

Marijuana

Not Applicable

Denied

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

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.c

arrested for possession of drug paraphernalia

For Applicant

Unspecified Drug Involvement

Not Applicable

Denied

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

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.d

arrested for possession of marijuana

Withdrawn

Marijuana

Not Applicable

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The Government cross-alleged as criminal conduct the drug-related conduct in SOR 1.a – 1.d.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	—	—	—
3.b	The SOR also cross-alleged as criminal conduct the alcohol-related offenses at SOR 2.a – 2.c, 2.f – 2.j, 2.l and 2.m.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The Government cross-alleged as criminal conduct the drug-related conduct in SOR 1.a – 1.d.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

—

3.b

The SOR also cross-alleged as criminal conduct the alcohol-related offenses at SOR 2.a – 2.c, 2.f – 2.j, 2.l and 2.m.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES