ISCR Case 06-14629.h1

Case Headnote

ISCR Case No. 06-14629.h1

deniedNov 19, 2007· Hon. Philip S. Howe· hearing

Summary

A 24-year-old claims processor for a defense contractor was denied a security clearance for an ADP I/II/III position due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of alcohol and marijuana-related incidents and arrests between 2002 and 2005, coupled with a failure to fully disclose drug use.

Specifically, the applicant used marijuana from 1998 to March 2005, with use increasing in college and continuing once after starting employment in November 2004. This use adversely affected his academic performance, and he was found guilty of a marijuana offense in February 2005. While on probation for this, he used marijuana again in March 2005 and tested positive. Additionally, the applicant failed to disclose recent marijuana use on his Questionnaire for Public Trust Position.

His alcohol-related incidents included a July 2002 disorderly conduct charge, resulting in a $337 fine, and a June 2003 arrest for operating a motor vehicle with a prohibited alcohol content, leading to a $250 fine. In September 2004, he was charged with multiple offenses, including operating a motor vehicle while intoxicated (second offense), for which he pled guilty, paid a $1,280 fine, underwent an alcohol assessment, and served five days in jail with the remainder on house arrest. The judge determined these issues were not mitigated, leading to the denial.

Why the Applicant Was Denied

The applicant had multiple alcohol-related arrests and incidents, demonstrating a pattern of irresponsible behavior.
The applicant's marijuana use continued even after being hired, indicating a lack of judgment and reliability.
The applicant falsified his Questionnaire for Public Trust Position by denying recent drug use, which raised significant trustworthiness concerns.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A7.1.2.1appliedAlcohol-related Incidents Away From Work
E2.A8.1.2.1appliedAny Drug Abuse, Defined as the Illegal Use of a Drug
E2.A10.1.1appliedA History or Pattern of Criminal Activity

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedAug 17, 2006
Answer filedSep 11, 2006
Hearing heldAug 8, 2007
Decision dateNov 19, 2007

Cite For

Failure to Mitigate Trustworthiness Concerns Under Multiple Guidelines
Impact of Falsification on Trustworthiness Determinations
Pattern of Alcohol and Drug-related Incidents Affecting Eligibility for Sensitive Positions

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 in answer to Question 21.a. that he used marijuana in the previous year.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to disclose in answer to Question 21.a. that he used marijuana in the previous year.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol-related incidents, including arrests for driving under the influence and disorderly conduct due to intoxication.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (e) failure to follow treatment advice once diagnosed	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including arrests for driving under the influence and disorderly conduct due to intoxication.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(e) failure to follow treatment advice once diagnosed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from 1998 to March 2005. He used it once after starting his work at the defense contractor office in November 2004, and after he completed his QTPT in November 2004.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Applicant's marijuana use increased while he was in college to several times per week, and then tapered off to less frequent use.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	He purchased marijuana with friends by contributing to a common purchase fund.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d	Applicant admitted his college academic performance was adversely affected by his marijuana use.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.e	In February 2005, he was found guilty of this offense. Then, while on probation for that offense, he smoked marijuana with a friend in March 2005, and tested positive for marijuana in his regular urinalysis.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana from 1998 to March 2005. He used it once after starting his work at the defense contractor office in November 2004, and after he completed his QTPT in November 2004.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

Applicant's marijuana use increased while he was in college to several times per week, and then tapered off to less frequent use.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

He purchased marijuana with friends by contributing to a common purchase fund.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d

Applicant admitted his college academic performance was adversely affected by his marijuana use.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.e

In February 2005, he was found guilty of this offense. Then, while on probation for that offense, he smoked marijuana with a friend in March 2005, and tested positive for marijuana in his regular urinalysis.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	Applicant was charged on July 27, 2002, with disorderly conduct. Applicant admitted this incident occurred because he had been drinking previously at a wedding reception and was intoxicated. He got into an argument with other patrons in a restaurant. Applicant paid a $337 fine for that incident.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
4.b	On June 25, 2003, Applicant was arrested for operating a motor vehicle with a prohibited alcohol content, operating a motor vehicle while his driving privileges were suspended on the basis of points for prior moving violations, and operating a motor vehicle under the influence of an intoxicant. His BAC was .13%. Applicant was found guilty of the first charge, and the other two charges were dismissed. Applicant paid a fine of $250.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	—	—	—
4.c	Applicant was charged on September 30, 2004, for felony bail jumping (he was on bail for the felony charge resulting from the September 6, 2004, arrest), reckless driving, refusal to take the breath test, and operating a motor vehicle while intoxicated (second offense). The first three charges were dismissed, and Applicant pled guilty to the fourth offense. He paid a fine of $1,280, ordered to undergo an alcohol assessment, and sentenced to 60 days in jail. He served five days in jail, and the remainder of the time was served on house arrest with an electronic ankle bracelet worn by him.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

Applicant was charged on July 27, 2002, with disorderly conduct. Applicant admitted this incident occurred because he had been drinking previously at a wedding reception and was intoxicated. He got into an argument with other patrons in a restaurant. Applicant paid a $337 fine for that incident.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

4.b

On June 25, 2003, Applicant was arrested for operating a motor vehicle with a prohibited alcohol content, operating a motor vehicle while his driving privileges were suspended on the basis of points for prior moving violations, and operating a motor vehicle under the influence of an intoxicant. His BAC was .13%. Applicant was found guilty of the first charge, and the other two charges were dismissed. Applicant paid a fine of $250.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

—

4.c

Applicant was charged on September 30, 2004, for felony bail jumping (he was on bail for the felony charge resulting from the September 6, 2004, arrest), reckless driving, refusal to take the breath test, and operating a motor vehicle while intoxicated (second offense). The first three charges were dismissed, and Applicant pled guilty to the fourth offense. He paid a fine of $1,280, ordered to undergo an alcohol assessment, and sentenced to 60 days in jail. He served five days in jail, and the remainder of the time was served on house arrest with an electronic ankle bracelet worn by him.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

—

Loading case…

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES