ISCR Case 06-02925.h1

Case Headnote

ISCR Case No. 06-02925.h1

deniedMar 31, 2009· Hon. Marc E. Curry· hearing

Summary

A 48-year-old married man with a computer science and engineering background was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The applicant had a history of alcohol dependence, diagnosed as a drinking problem, which he addressed through inpatient treatment in 2006. He has maintained abstinence from alcohol since then and received a favorable prognosis.

However, the applicant also had a long history of marijuana use, beginning at age 14 and continuing for approximately 25 years, several times a week through college and young adulthood, declining to several times a month by his 40s, and ceasing entirely in 2004. He failed to disclose this marijuana use on a security clearance application in January 2005, continuing a pattern of untruthfulness about his drug use that began with his original security clearance application in 1989. He later disclosed his marijuana use to an investigator in late 2005.

The denial was based on his long history of alcohol dependence, his failure to disclose marijuana use on security clearance applications, and the fact that his marijuana use occurred while he held a security clearance. Despite his rehabilitation from alcohol and a favorable prognosis, the judge found that his long-term marijuana use and prior dishonesty raised significant security concerns.

Why the Applicant Was Denied

The applicant had a long history of alcohol dependence, which led to a diagnosis and required rehabilitation.
The applicant failed to disclose his marijuana use on security clearance applications, demonstrating a lack of candor.
The applicant's marijuana use occurred while holding a security clearance, raising questions about reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 24appliedUse of an Illegal Drug or Misuse of a Prescription Drug
AG ¶ 25(a)appliedAny Drug Abuse
AG ¶ 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance

Mitigating

AG ¶ 23(b)appliedAcknowledgment of Alcohol Issues and Actions Taken to Overcome Them
AG ¶ 23(d)appliedSuccessful Completion of Rehabilitation and Favorable Prognosis

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 7, 2008
Answer filedNov 22, 2008
Hearing heldFeb 17, 2009
Decision dateMar 31, 2009

Cite For

Evaluation of Alcohol Dependence Under Guideline G
Impact of Drug Use on Security Clearance Eligibility
Importance of Candor in Security Clearance Applications

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	Deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.b	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

—

3.b

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a drinking problem that led to a diagnosis of alcohol dependence.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Credited Rehabilitation Evidence
1.b	The applicant has not consumed alcohol since completing inpatient treatment in 2006 and has received a favorable prognosis.	For Applicant	Continued Use After Treatment	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Credited Abstinence Period Documented

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a drinking problem that led to a diagnosis of alcohol dependence.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Credited

Rehabilitation Evidence

1.b

The applicant has not consumed alcohol since completing inpatient treatment in 2006 and has received a favorable prognosis.

For Applicant

Continued Use After Treatment

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Credited

Abstinence Period Documented

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant smoked marijuana monthly for approximately 25 years. He began at age 14, smoking it once or twice per week. By college, his use had increased to several times per week. After graduating, he continued to smoke marijuana consistently, several times a week, throughout his young and middle adult life. By the time he entered his 40s, Applicant’s use had declined to maybe several times a month. He gradually quit smoking marijuana entirely in 2004. He decided to quit because he grew increasingly wary of the bad example he would be setting for his children if they were to discover his marijuana use. He continues to socialize with some of the people with whom he used marijuana in the past. Applicant did not disclose his marijuana use, as required, on a security clearance application completed in January 2005. Although he had stopped smoking by then, he still had the illusion that he could continue the lie that he had been perpetuating since 1989, when he was untruthful about the extent of his use on his original security clearance application. In late 2005, Applicant met with an investigator from the U.S. Office of Personnel Management. He then disclosed his marijuana use in response to a question from the investigator.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant smoked marijuana monthly for approximately 25 years. He began at age 14, smoking it once or twice per week. By college, his use had increased to several times per week. After graduating, he continued to smoke marijuana consistently, several times a week, throughout his young and middle adult life. By the time he entered his 40s, Applicant’s use had declined to maybe several times a month. He gradually quit smoking marijuana entirely in 2004. He decided to quit because he grew increasingly wary of the bad example he would be setting for his children if they were to discover his marijuana use. He continues to socialize with some of the people with whom he used marijuana in the past. Applicant did not disclose his marijuana use, as required, on a security clearance application completed in January 2005. Although he had stopped smoking by then, he still had the illusion that he could continue the lie that he had been perpetuating since 1989, when he was untruthful about the extent of his use on his original security clearance application. In late 2005, Applicant met with an investigator from the U.S. Office of Personnel Management. He then disclosed his marijuana use in response to a question from the investigator.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(g) expressed intent to continue, or failure to commit to discontinue

—

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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