ISCR Case 17-03621.h1

Case Headnote

ISCR Case No. 17-03621.h1

deniedJul 5, 2018· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 46-year-old naturalized U.S. citizen, originally from Moldova, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline H (Drug Involvement). The applicant maintained close relationships with family members and non-family individuals who are citizens and residents of Israel, including his parents, a sister, and parents-in-law, with whom he had regular telephonic, electronic, and in-person contact. He also maintained contact with several work-related foreign nationals to whom he felt bound by affection, influence, or obligation.

Additionally, the applicant completed a Security Clearance Application (SCA) in June 2016, denying drug misuse in the preceding seven years. However, while the vetting process was pending, he used marijuana on two occasions during a February 2017 vacation. When later asked to confirm his previous denial, he confessed to this recent marijuana use.

The judge found that while the foreign influence concerns were mitigated, the applicant's admitted marijuana use after submitting his SCA raised significant questions about his judgment and reliability. His failure to demonstrate any commitment to abstinence or rehabilitation following this drug use further undermined his credibility, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana after submitting his security clearance application, which raised questions about his judgment and reliability.
The applicant failed to demonstrate any commitment to abstinence or rehabilitation following his drug use, undermining his credibility.
The applicant's relationships with foreign nationals, while not disqualifying, did not mitigate the concerns raised by his personal conduct.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep Ties in the U.S.
AG ¶ 16(c)rejectedMinor Offense or Unique Circumstances Unlikely to Recur
AG ¶ 16(d)rejectedAcknowledgment of Behavior and Positive Steps Taken
AG ¶ 16(e)rejectedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedDec 5, 2017
Answer filedJan 24, 2018Applicant admitted allegations and requested a determination based on the written record.
Hearing heldJun 12, 2018
Decision dateJul 5, 2018

Cite For

Evaluation of Foreign Influence Under Guideline B
Impact of Personal Conduct on Security Clearance Eligibility
Consideration of Drug Use in Security Clearance Determinations

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant maintains relationships with individuals who are citizens and residents of Israel, including his parents, a sister, his parents-in-law, and multiple non-family members.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.b	Applicant maintains telephonic and electronic contact with his parents, and he visits them when he is able.	For Applicant	Parent in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.c	Applicant has had telephonic and electronic contact with his father-in-law since meeting him in 1995. Applicant visits with him in person when he has the opportunity to do so.	For Applicant	In Law in Foreign Country Immediate Family	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—
1.d	Applicant maintains contact with several other work-related foreign nationals that Applicant feels he is bound by affection, influence, or obligation.	For Applicant	Friend in Foreign Country Friend GOVT-AFFILIATED	Israel HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant maintains relationships with individuals who are citizens and residents of Israel, including his parents, a sister, his parents-in-law, and multiple non-family members.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.b

Applicant maintains telephonic and electronic contact with his parents, and he visits them when he is able.

For Applicant

Parent in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.c

Applicant has had telephonic and electronic contact with his father-in-law since meeting him in 1995. Applicant visits with him in person when he has the opportunity to do so.

For Applicant

In Law in Foreign Country

Immediate Family

Israel

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

1.d

Applicant maintains contact with several other work-related foreign nationals that Applicant feels he is bound by affection, influence, or obligation.

For Applicant

Friend in Foreign Country

Friend

GOVT-AFFILIATED

Israel

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant completed a SCA in 2016. In the SCA, he was asked about drug use in the preceding seven years. Applicant denied drug misuse during that time frame. His SCA was submitted for consideration with the hope of being granted a security clearance. While the vetting process was pending, Applicant used marijuana. When asked to confirm his previous denial of drug use in the preceding seven years, Applicant confessed he had recently used marijuana.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant completed a SCA in 2016. In the SCA, he was asked about drug use in the preceding seven years. Applicant denied drug misuse during that time frame. His SCA was submitted for consideration with the hope of being granted a security clearance. While the vetting process was pending, Applicant used marijuana. When asked to confirm his previous denial of drug use in the preceding seven years, Applicant confessed he had recently used marijuana.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The applicant used marijuana on two occasions while on vacation in February 2017, after he had completed a security clearance application in June 2016.	Against Applicant	Marijuana	Occasional	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The applicant used marijuana on two occasions while on vacation in February 2017, after he had completed a security clearance application in June 2016.

Against Applicant

Marijuana

Occasional

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