ISCR Case 06-11898.h1

Case Headnote

ISCR Case No. 06-11898.h1

deniedJul 30, 2007· Hon. Philip S. Howe· hearing

Summary

A 57-year-old defense contractor with a Ph.D. in electrical engineering was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant failed to disclose extensive illegal drug use, spanning from 1969 to 1994, on security clearance applications submitted in 1996 and 2005. He admitted to lying on the 1996 application and deliberately omitted this history on subsequent forms, also failing to fully disclose information to a government investigator in 1996.

The Statement of Reasons highlighted that the applicant's testimony at the hearing demonstrated a lack of contrition or remorse for his falsifications. Furthermore, he had not sought drug counseling to verify his claimed present abstinence nor taken positive steps to reduce his vulnerability. The judge found that the applicant's repeated dishonesty and extensive history of illegal drug use raised serious concerns about his reliability and trustworthiness.

Ultimately, the clearance was denied because the applicant deliberately concealed relevant facts regarding his drug use. His lack of credibility and failure to demonstrate rehabilitation or contrition for his past actions were significant factors in the decision.

Why the Applicant Was Denied

Applicant deliberately omitted and concealed relevant facts regarding his illegal drug use on security clearance applications.
The applicant's lack of credibility and failure to demonstrate rehabilitation or contrition for his past actions were significant factors in the denial.
The applicant's extensive history of illegal drug use and repeated dishonesty raised serious concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16braisedDeliberately Providing False or Misleading Information
AG ¶ 16eraisedPersonal Conduct That Creates a Vulnerability to Exploitation
AG ¶ 31araisedCriminal Activity Creates Doubt About a Person’s Judgment
AG ¶ 31craisedAllegations of Criminal Conduct Regardless of Formal Charges

Key Rule Quoted

“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
— ISCR Case No. 01-20700 at 3.

Procedural Posture

SOR issuedJan 19, 2007
Answer filedFeb 16, 2007
Hearing heldJun 5, 2007
Decision dateJul 30, 2007

Cite For

Failure to Disclose Extensive Illegal Drug Use on Security Clearance Applications
Credibility Issues Related to Past Dishonesty
Lack of Mitigating Evidence for Personal and Criminal Conduct Concerns

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
1.a	Failed to disclose his 1969 to 1994 illegal drug use on his security clearance applications in 1996 and 2005.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.b	Admitted he lied on the 1996 application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	Failed to fully disclose information to the Government investigator in 1996 about his LSD and marijuana use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.d	Deliberately failed to disclose his drug use history again because it was in his past and he willfully avoided talking about his drug use history.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.e	His testimony at the hearing demonstrated a lack of contrition for his actions, or no remorse for his falsifications.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.f	He has not obtained any type of drug counseling to verify his claimed present abstinence, nor has he demonstrated any positive steps he took to reduce his vulnerability.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Failed to disclose his 1969 to 1994 illegal drug use on his security clearance applications in 1996 and 2005.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.b

Admitted he lied on the 1996 application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

Failed to fully disclose information to the Government investigator in 1996 about his LSD and marijuana use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.d

Deliberately failed to disclose his drug use history again because it was in his past and he willfully avoided talking about his drug use history.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.e

His testimony at the hearing demonstrated a lack of contrition for his actions, or no remorse for his falsifications.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.f

He has not obtained any type of drug counseling to verify his claimed present abstinence, nor has he demonstrated any positive steps he took to reduce his vulnerability.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant committed a series of offense involving illegal drug use between 1969 and 1994, at least. There are allegations of these offenses, regardless of whether he was formally charged, formally prosecuted or convicted. He admitted he lied on the 1996 SCA and the 2005 SCA because he avoids disclosing his drug use history.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant committed a series of offense involving illegal drug use between 1969 and 1994, at least. There are allegations of these offenses, regardless of whether he was formally charged, formally prosecuted or convicted. He admitted he lied on the 1996 SCA and the 2005 SCA because he avoids disclosing his drug use history.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION