ISCR Case 05-01611.h1

Case Headnote

ISCR Case No. 05-01611.h1

deniedJun 30, 2007· Hon. Edward W. Loughran· hearing

Summary

A 51-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of using illegal drugs, specifically marijuana and cocaine, while holding a security clearance. Her marijuana use increased to at least a monthly basis in 1995, and she tested positive for marijuana in 1996. She was also arrested for marijuana possession in July 2004 and was present when marijuana was being smoked after December 2004.

A primary concern was the applicant's repeated dishonesty regarding her drug use. She intentionally failed to disclose her illegal drug use on security clearance questionnaires and provided false information during her background investigation and on security clearance applications. This conduct, including questionable judgment and a lack of candor, raised questions about her reliability and trustworthiness.

Although the applicant stated she had stopped using drugs and no longer associated with drug users, and mitigating conditions were considered, the decision ultimately rested on her history of drug use while cleared and her intentional provision of false information. The applicant's failure to unequivocally state she would never use marijuana again also contributed to the denial.

Why the Applicant Was Denied

Applicant used illegal drugs while holding a security clearance.
Applicant intentionally provided false information on security clearance applications regarding her drug use.
Applicant's history of drug use and dishonesty raised significant security concerns.

Conditions Referenced

Disqualifying

H 25(a)raisedAny Drug Abuse
H 25(b)raisedTesting Positive for Illegal Drug Use
H 25(c)raisedIllegal Drug Possession
E 16(a)raisedDeliberate Omission or Falsification of Relevant Facts
E 16(b)raisedDeliberately Providing False or Misleading Information
E 16(g)raisedAssociation with Persons Involved in Criminal Activity

Mitigating

H 26(a)rejectedBehavior Happened so Long Ago or InfrequentApplicant's extensive history of drug use and dishonesty undermined this condition.
H 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureApplicant's lack of commitment to remain drug-free and history of relapse were significant concerns.
E 17(d)rejectedAcknowledged Behavior and Taken Positive StepsApplicant's history of dishonesty and failure to fully acknowledge her drug use undermined this condition.

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 or her security clearance.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960).

Procedural Posture

SOR issuedDec 28, 2006
Answer filedFeb 28, 2007Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on written record.
Decision dateJun 30, 2007

Cite For

Denial of Clearance Due to Extensive Drug Use While Holding a Security Clearance
Impact of Dishonesty on Security Clearance Eligibility
Failure to Demonstrate Rehabilitation or Commitment to Abstain From Drug Use

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
2.a	Applicant intentionally failed to list her illegal drug use on her security clearance questionnaires, and she provided false information on a statement for her background investigation.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(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	—	—
2.b	Applicant intentionally provided false information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(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	—	—
2.c	Applicant lied about her drug use on security clearance applications, and in a statement provided for her background investigation.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(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	—	—
2.d	Applicant's association with illegal drug users raises questions about her reliability and trustworthiness.	Against Applicant	Association with Persons in Criminal Activity	—	Denied	(g) association with persons involved in criminal activity	—	—
2.e	Applicant's conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about her reliability, trustworthiness, and ability to protect classified information.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
2.f	Applicant states she has stopped using drugs and no longer associates with people who do.	For Applicant	Questionable Judgment General	—	Admitted	—	(g) association was unwitting, has ceased, or casts no doubt	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally failed to list her illegal drug use on her security clearance questionnaires, and she provided false information on a statement for her background investigation.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(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

—

2.b

Applicant intentionally provided false information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

(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

—

2.c

Applicant lied about her drug use on security clearance applications, and in a statement provided for her background investigation.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(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

—

2.d

Applicant's association with illegal drug users raises questions about her reliability and trustworthiness.

Against Applicant

Association with Persons in Criminal Activity

—

Denied

(g) association with persons involved in criminal activity

—

2.e

Applicant's conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about her reliability, trustworthiness, and ability to protect classified information.

Against Applicant

Questionable Judgment General

—

Denied

—

2.f

Applicant states she has stopped using drugs and no longer associates with people who do.

For Applicant

Questionable Judgment General

—

Admitted

—

(g) association was unwitting, has ceased, or casts no doubt

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana while holding a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Denied	(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	—	—
1.b	Applicant used cocaine while holding a security clearance.	Against Applicant	CocaineWHILE CLEARED	Experimental	Denied	(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	—	—
1.c	Applicant purchased marijuana and shared it with friends.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Denied	(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	—	—
1.d	Applicant tested positive for marijuana on a urine test in 1996.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Denied	(b) testing positive for an illegal drug	—	—
1.e	Applicant failed to unequivocally state that she would never use marijuana again.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Denied	(g) expressed intent to continue, or failure to commit to discontinue	—	—
1.f	Applicant's marijuana use increased to at least a monthly basis in 1995.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Denied	(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	—	—
1.g	Applicant was arrested for possession of marijuana in July 2004.	Against Applicant	Drug Possession with IntentWHILE CLEARED	Not Applicable	Denied	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.h	Applicant lied about her drug use on security clearance applications.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	(a) any substance misuse	—	—
1.i	Applicant provided false information about her drug abuse in a statement for her background investigation.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	(a) any substance misuse	—	—
1.j	Applicant was present when marijuana was being smoked after December 2004.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Denied	—	—	—
1.k	Applicant has a history of drug use and dishonesty regarding that use.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	(a) any substance misuse	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana while holding a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Denied

(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

—

1.b

Applicant used cocaine while holding a security clearance.

Against Applicant

CocaineWHILE CLEARED

Experimental

Denied

(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

—

1.c

Applicant purchased marijuana and shared it with friends.

Against Applicant

MarijuanaWHILE CLEARED

Not Applicable

Denied

(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

—

1.d

Applicant tested positive for marijuana on a urine test in 1996.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Denied

(b) testing positive for an illegal drug

—

1.e

Applicant failed to unequivocally state that she would never use marijuana again.

Against Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Denied

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

—

1.f

Applicant's marijuana use increased to at least a monthly basis in 1995.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Denied

(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

—

1.g

Applicant was arrested for possession of marijuana in July 2004.

Against Applicant

Drug Possession with IntentWHILE CLEARED

Not Applicable

Denied

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

—

1.h

Applicant lied about her drug use on security clearance applications.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

(a) any substance misuse

—

1.i

Applicant provided false information about her drug abuse in a statement for her background investigation.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

(a) any substance misuse

—

1.j

Applicant was present when marijuana was being smoked after December 2004.

Against Applicant

MarijuanaWHILE CLEARED

Not Applicable

Denied

—

1.k

Applicant has a history of drug use and dishonesty regarding that use.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

(a) any substance misuse

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES