ISCR Case 15-04045.h1

Case Headnote

ISCR Case No. 15-04045.h1

deniedNov 4, 2016· Hon. Wilford H. Ross· hearing

Summary

A 29-year-old defense contractor was denied a security clearance 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 criminal conduct, alcohol abuse, and drug involvement, compounded by repeated instances of dishonesty during the clearance process.

The applicant had two DUI arrests within several months in 2013 and 2014. The first arrest occurred on May 24, 2013, after drinking excessively at a house party. He pleaded nolo contendere, receiving probation, alcohol classes, and a fine. The second arrest on January 10, 2014, also involved excessive drinking, and the applicant attempted to conceal he was driving. He again pleaded nolo contendere, resulting in extended probation, an alcohol-monitoring device, additional classes, a fine, and participation in an alternative work program.

Furthermore, the applicant admitted to using marijuana from approximately 2005 to 2010 while holding a security clearance. He provided false answers on two Questionnaires for National Security Positions, dated June 23, 2006, and November 12, 2014, by denying drug use within the past seven years and while holding a security clearance. Despite claims of lifestyle changes, the judge found insufficient evidence to mitigate concerns regarding the applicant's reliability and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant had two DUI arrests within a year, demonstrating a pattern of criminal conduct.
The applicant admitted to a history of alcohol abuse and drug use while holding a security clearance.
The applicant provided false statements on security questionnaires regarding drug use, undermining his credibility.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct - Serious Crime
AG ¶ 31(d)raisedCriminal Conduct - on Probation
AG ¶ 31(e)raisedCriminal Conduct - Violation of Probation
AG ¶ 22(a)raisedAlcohol Consumption - Alcohol-related Incidents
AG ¶ 22(g)raisedAlcohol Consumption - Failure to Follow Court Orders
AG ¶ 25(a)raisedDrug Involvement - Any Drug Use
AG ¶ 25(g)raisedDrug Involvement - Illegal Drug Use After Clearance
AG ¶ 16(a)raisedPersonal Conduct - Falsification of Facts

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 issuedDec 16, 2015
Answer filedFeb 26, 2016
Hearing heldMay 10, 2016
Decision dateNov 4, 2016

Cite For

Denial of Security Clearance Due to Repeated Criminal Conduct and Alcohol Abuse
Impact of Falsification on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in the Context of Substance Abuse 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 filled out a Questionnaire for National Security Positions on June 23, 2006. Section 24 of that Questionnaire asked whether Applicant had used drugs including marijuana within the past seven years. It also asked whether Applicant had used marijuana while holding a security clearance. To each question he answered, "No." These were false answers to relevant questions about his drug history.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
3.b	Applicant filled out another Questionnaire for National Security Positions on November 12, 2014. Section 23 of that Questionnaire asked whether Applicant had used drugs including marijuana within the past seven years. It also asked whether Applicant had used marijuana while holding a security clearance. To each question he answered, "No." These were also false answers to relevant questions about his drug history.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant filled out a Questionnaire for National Security Positions on June 23, 2006. Section 24 of that Questionnaire asked whether Applicant had used drugs including marijuana within the past seven years. It also asked whether Applicant had used marijuana while holding a security clearance. To each question he answered, "No." These were false answers to relevant questions about his drug history.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

3.b

Applicant filled out another Questionnaire for National Security Positions on November 12, 2014. Section 23 of that Questionnaire asked whether Applicant had used drugs including marijuana within the past seven years. It also asked whether Applicant had used marijuana while holding a security clearance. To each question he answered, "No." These were also false answers to relevant questions about his drug history.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant has a long history of alcohol abuse, which resulted in his being arrested twice for DUI within several months in 2013 and 2014.	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant has a long history of alcohol abuse, which resulted in his being arrested twice for DUI within several months in 2013 and 2014.

Against Applicant

DUI or DWI Alcohol

Denied

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

(g) failure to follow a court order regarding alcohol

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
4.a	Applicant used marijuana from approximately 2005 to 2010 while holding a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

4.a

Applicant used marijuana from approximately 2005 to 2010 while holding a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was first arrested for DUI on May 24, 2013. He drank excessively at a house party and was arrested while driving home. He made the decision to drive on his own. Applicant plead nolo contendere to the charge and was sentenced to three years informal probation, to attend alcohol classes, and fined.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—
1.b	Applicant was again arrested for DUI on January 10, 2014. Applicant admitted that he had not learned his lesson from the first arrest and, after several months, he was again drinking to excess. He drank to excess at a party, and decided to drive friends because he had the least to drink. When stopped by the police, Applicant jumped into the back seat of the car in a failed attempt to conceal the fact he was driving. Applicant again pleaded nolo contendere. His sentence included extending his probation period so that it ends three years from this conviction. Applicant also had to wear an alcohol-monitoring device for several months, was ordered to attend additional alcohol education classes, and was fined. Finally, Applicant participated in the Sheriff’s Alternative Work Program as an alternative to being jailed for 60 days.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was first arrested for DUI on May 24, 2013. He drank excessively at a house party and was arrested while driving home. He made the decision to drive on his own. Applicant plead nolo contendere to the charge and was sentenced to three years informal probation, to attend alcohol classes, and fined.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

1.b

Applicant was again arrested for DUI on January 10, 2014. Applicant admitted that he had not learned his lesson from the first arrest and, after several months, he was again drinking to excess. He drank to excess at a party, and decided to drive friends because he had the least to drink. When stopped by the police, Applicant jumped into the back seat of the car in a failed attempt to conceal the fact he was driving. Applicant again pleaded nolo contendere. His sentence included extending his probation period so that it ends three years from this conviction. Applicant also had to wear an alcohol-monitoring device for several months, was ordered to attend additional alcohol education classes, and was fined. Finally, Applicant participated in the Sheriff’s Alternative Work Program as an alternative to being jailed for 60 days.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

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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