ISCR Case 15-04891.h1

Case Headnote

ISCR Case No. 15-04891.h1

deniedFeb 5, 2018· Hon. Juan J. Rivera· hearing

Summary

A 38-year-old federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant engaged in illegal drug use, including marijuana and cocaine, from 1999 to 2012, during which time he held a security clearance for part of the period. Furthermore, he falsified his security clearance applications in 2003 and 2009 by deliberately omitting or concealing information about his substance misuse.

The Statement of Reasons highlighted these deliberate omissions and false statements on official questionnaires, as well as the provision of misleading information to government representatives. This conduct was deemed to create a vulnerability to exploitation. Although there was no evidence of substance misuse after 2012, the judge found that the applicant's lack of candor and honesty on his applications raised significant questions about his reliability and trustworthiness.

Ultimately, the security clearance was denied because the applicant illegally used drugs while possessing a clearance and falsified his applications regarding this drug use. The judge concluded that these actions demonstrated a lack of candor and honesty, which undermined confidence in his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant illegally used drugs while possessing a security clearance.
He falsified his 2003 and 2009 security clearance applications regarding his drug use.
The applicant's lack of candor and honesty raised questions about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)appliedDeliberate Omission or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 26(a)appliedBehavior Happened Long Ago or Infrequently
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions TakenThe applicant disclosed his drug use in his 2014 SCA but did so in anticipation of polygraph interviews.
AG ¶ 17(a)appliedPrompt Efforts to Correct Omissions
AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurFalsification is a serious offense and continues to cast doubt on reliability.
AG ¶ 17(d)rejectedAcknowledgment and CounselingNo evidence of counseling was presented.
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security."”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedDec 13, 2015
Answer filedJan 4, 2016
Hearing heldMar 3, 2017Applicant testified pro se.
Decision dateFeb 5, 2018

Cite For

Denial of Clearance Due to Falsification of Security Clearance Applications
Impact of Illegal 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
2.a	Deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire used to conduct investigations, determine security clearance eligibility or trustworthiness.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Deliberately providing false or misleading information; or concealing or omitting information, concerning relevant facts to an employer, investigator, security official, competent medical or mental health professional involved in making a recommendation relevant to a national security eligibility determination, or other official government representative.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	Personal conduct, or concealment of information about one's conduct, that creates a vulnerability to exploitation, manipulation, or duress by a foreign intelligence entity or other individual or group.	Against Applicant	Concealment Creating Coercion VulnerabilityFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	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

2.a

Deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire used to conduct investigations, determine security clearance eligibility or trustworthiness.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

2.b

Deliberately providing false or misleading information; or concealing or omitting information, concerning relevant facts to an employer, investigator, security official, competent medical or mental health professional involved in making a recommendation relevant to a national security eligibility determination, or other official government representative.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

2.c

Personal conduct, or concealment of information about one's conduct, that creates a vulnerability to exploitation, manipulation, or duress by a foreign intelligence entity or other individual or group.

Against Applicant

Concealment Creating Coercion VulnerabilityFOUND DELIBERATE

—

Admitted

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

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

—

2.d

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Illegal use of drugs between 1999 and 2012 while possessing a clearance during part of that period.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	Falsified his 2003 and 2009 security clearance applications to cover the extent of his substance misuse.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.c	Used marijuana while possessing a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.d	Used cocaine while possessing a security clearance.	For Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.e	No evidence of substance misuse after 2012.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Illegal use of drugs between 1999 and 2012 while possessing a clearance during part of that period.

For Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

1.b

Falsified his 2003 and 2009 security clearance applications to cover the extent of his substance misuse.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

1.c

Used marijuana while possessing a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

1.d

Used cocaine while possessing a security clearance.

For Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(f) any illegal drug use while holding a clearance or sensitive position

—

1.e

No evidence of substance misuse after 2012.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

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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