ISCR Case 09-04479.h1

Case Headnote

ISCR Case No. 09-04479.h1

deniedFeb 7, 2011· Hon. Wilford H. Ross· hearing

Summary

A 35-year-old defense contractor with a doctorate was denied a security clearance under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The denial stemmed from extensive drug and alcohol use, including marijuana and cocaine, and false statements made during the clearance process.

The applicant admitted to using marijuana 500 times between 1999 and 2006, but falsely stated in a December 2008 e-QIP and during February 2009 and November 2007 interviews that his drug use had ceased in 2006 and that he had no intention of future use. He also falsely claimed on the e-QIP that he had not used drugs while holding a security clearance and had not been involved in drug purchases. Additionally, he denied alcohol-related treatment on the e-QIP, stating he sought help for depression, not alcohol abuse. While the applicant admitted associating with one individual involved in criminal activity, that person died in December 2009.

Despite some mitigating factors related to his alcohol consumption, the applicant's ongoing drug use, false statements, and lack of clear commitment to future compliance with drug laws led to the denial of his security clearance. He used illegal drugs both before and after being granted a clearance and expressed uncertainty about abstaining from future illegal drug use.

Why the Applicant Was Denied

The applicant used illegal drugs, including marijuana, cocaine, and Ecstasy, both before and after being granted a security clearance.
The applicant made false statements regarding his drug use during the clearance screening process.
The applicant expressed uncertainty about his commitment to abstain from illegal drug use in the future.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Clearance
AG ¶ 16(a)raisedDeliberate Omission

Mitigating

AG ¶ 23(a)rejectedTime Passed or InfrequencyThe applicant's drug use was extensive and recent, undermining claims of infrequency.
AG ¶ 23(b)appliedAcknowledgment of Alcohol IssuesThe applicant's current moderate alcohol use and acknowledgment of past issues were considered.
AG ¶ 26(b)rejectedIntent Not to Abuse DrugsThe applicant's expressed intent to abstain from drug use was not deemed credible.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedFeb 18, 2010
Answer filedMar 15, 2010
Hearing heldJun 9, 2010
Decision dateFeb 7, 2011

Cite For

Denial of Security Clearance Due to Ongoing Illegal Drug Use
False Statements During the Security Clearance Process
Mitigating Factors Related to Alcohol Consumption and Mental Health Issues

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 was interviewed by a DoD investigator in February 2009. During that interview, Applicant admitted using marijuana 500 times from 1999 to 2006. He also stated that he had no intention of using marijuana again in the future. This statement was false as the Applicant had used marijuana after 2006.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
3.b	Applicant filled out an e-QIP on December 8, 2008. In that Questionnaire the Applicant was required to answer Section 24, which asked whether he had illegally used controlled substances within the last seven years, whether he had illegally used a controlled substance while holding a security clearance, and whether, in the last seven years, he had been involved in the illegal purchase of controlled substances. Applicant answered by describing his drug use as ending in 2006, that he did not use drugs while holding a security clearance, and that he had not been involved in the purchase of drugs. These were false answers to relevant questions about his history of drug use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
3.c	The same Questionnaire, at Section 25, asked the Applicant whether, in the last seven years, his use of alcohol resulted in any 'alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism).' He stated, 'No.' Applicant stated that he did not seek treatment for alcohol abuse, but rather for his depression.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
3.d	Applicant was interviewed by a DoD investigator in November 2007. During that interview, Applicant admitted using marijuana 500 times from 1999 to 2006. He also stated that he had no intention of using marijuana again in the future. This statement was false as the Applicant had used marijuana after 2006.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
3.e	The Government also alleges that Applicant is ineligible for clearance because he associates with individuals involved in criminal activity. Applicant admitted this allegation, and testified that he knew one person who was involved in criminal activity. However, this person had died in December 2009.	For Applicant	Association with Persons in Criminal Activity	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant was interviewed by a DoD investigator in February 2009. During that interview, Applicant admitted using marijuana 500 times from 1999 to 2006. He also stated that he had no intention of using marijuana again in the future. This statement was false as the Applicant had used marijuana after 2006.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

3.b

Applicant filled out an e-QIP on December 8, 2008. In that Questionnaire the Applicant was required to answer Section 24, which asked whether he had illegally used controlled substances within the last seven years, whether he had illegally used a controlled substance while holding a security clearance, and whether, in the last seven years, he had been involved in the illegal purchase of controlled substances. Applicant answered by describing his drug use as ending in 2006, that he did not use drugs while holding a security clearance, and that he had not been involved in the purchase of drugs. These were false answers to relevant questions about his history of drug use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

3.c

The same Questionnaire, at Section 25, asked the Applicant whether, in the last seven years, his use of alcohol resulted in any 'alcohol-related treatment or counseling (such as for alcohol abuse or alcoholism).' He stated, 'No.' Applicant stated that he did not seek treatment for alcohol abuse, but rather for his depression.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

3.d

Applicant was interviewed by a DoD investigator in November 2007. During that interview, Applicant admitted using marijuana 500 times from 1999 to 2006. He also stated that he had no intention of using marijuana again in the future. This statement was false as the Applicant had used marijuana after 2006.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

3.e

The Government also alleges that Applicant is ineligible for clearance because he associates with individuals involved in criminal activity. Applicant admitted this allegation, and testified that he knew one person who was involved in criminal activity. However, this person had died in December 2009.

For Applicant

Association with Persons in Criminal Activity

—

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The Government alleges in this paragraph that Applicant is ineligible for clearance because he uses intoxicants to excess.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The Government alleges in this paragraph that Applicant is ineligible for clearance because he uses intoxicants to excess.

For Applicant

Binge or Intoxication Pattern

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant has used illegal drugs.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue (d) diagnosis of a substance use disorder (e) failure to complete a prescribed drug treatment program	—	—
1.b	The Applicant has purchased illegal drugs.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue (d) diagnosis of a substance use disorder (e) failure to complete a prescribed drug treatment program	—	—
1.c	The Applicant has been diagnosed with substance abuse or dependence.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	—	—
1.d	The Applicant has used illegal drugs after being granted a security clearance.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Frequent	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—
1.e	The Applicant has expressed intent to continue illegal drug use.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	(e) failure to complete a prescribed drug treatment program	—	—
1.f	The Applicant has a history of drug-related incidents.	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—
1.g	The Applicant has a pattern of drug use that raises questions about his reliability and trustworthiness.	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—
1.h	The Applicant has failed to demonstrate a commitment to discontinue drug use.	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant has used illegal drugs.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

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

(d) diagnosis of a substance use disorder

(e) failure to complete a prescribed drug treatment program

—

1.b

The Applicant has purchased illegal drugs.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

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

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

(d) diagnosis of a substance use disorder

(e) failure to complete a prescribed drug treatment program

—

1.c

The Applicant has been diagnosed with substance abuse or dependence.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

—

1.d

The Applicant has used illegal drugs after being granted a security clearance.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Frequent

Admitted

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

—

1.e

The Applicant has expressed intent to continue illegal drug use.

Against Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Admitted

(e) failure to complete a prescribed drug treatment program

—

1.f

The Applicant has a history of drug-related incidents.

Against Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

1.g

The Applicant has a pattern of drug use that raises questions about his reliability and trustworthiness.

Against Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

1.h

The Applicant has failed to demonstrate a commitment to discontinue drug use.

Against Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

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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