ISCR Case 15-04485.h1

Case Headnote

ISCR Case No. 15-04485.h1

deniedMay 22, 2017· Hon. Martin H. Mogul· hearing

Summary

A 33-year-old welder was denied a DoD security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of criminal conduct, including multiple drug-related offenses between July 2001 and May 2012. These included charges for possession with intent to distribute Class A and B controlled substances, and possession of Class C and D controlled substances. The most recent drug-related charge was a felony possession of a Class B substance in May 2012. Additionally, the applicant admitted to charges in March 2002 and March 2006 related to uttering counterfeit notes and larceny by check.

The applicant also admitted to using marijuana with varying frequency from 1997 to at least 2012. On his May 20, 2014, Security Clearance Application (SCA), the applicant answered "No" to questions asking about illegal drug use or involvement in the illegal purchase, manufacture, cultivation, or sale of drugs in the preceding seven years. The judge found that the applicant deliberately falsified material facts on his SCA by failing to disclose his history of drug use and criminal conduct.

The denial was based on the applicant's long history of criminal offenses, including drug-related charges, which raised doubts about his judgment and reliability. His falsification of information on the security clearance application regarding drug use and criminal conduct demonstrated a lack of candor and trustworthiness. The applicant did not present sufficient evidence of rehabilitation or mitigating circumstances to alleviate these concerns.

Why the Applicant Was Denied

Applicant has a long history of criminal offenses, including drug-related charges, which raise concerns about his judgment and reliability.
Applicant falsified information on his security clearance application regarding drug use and criminal conduct, indicating a lack of candor and trustworthiness.
The applicant failed to present evidence of rehabilitation or mitigating circumstances to alleviate concerns about his past behavior.

Conditions Referenced

Disqualifying

JraisedCriminal Conduct
HraisedDrug Involvement
EraisedPersonal Conduct

Mitigating

JrejectedCriminal ConductApplicant did not demonstrate that the criminal behavior is unlikely to recur.
HrejectedDrug InvolvementApplicant's long history of drug use and failure to disclose it precludes mitigation.
ErejectedPersonal ConductApplicant did not make good-faith efforts to correct the falsification.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 13, 2015
Answer filedJan 12, 2016Applicant requested decision on written record.
Hearing held—No hearing; decision based on written record.
Decision dateMay 22, 2017

Cite For

Disqualifying Conditions Under Guideline J for Criminal Conduct
Disqualifying Conditions Under Guideline H for Drug Involvement
Disqualifying Conditions Under Guideline E for Personal Conduct

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 executed a Security Clearance Application (SCA) certified by him on May 20, 2014. The SOR alleges that Applicant falsified material facts in response to the questions under 'Section 23 - Illegal Use of Drugs or Drug Activity.' The questions asked: 'In the last 7 years, have you illegally used any drugs or controlled substances?' Applicant answered, 'No,' to this question. It is alleged in the SOR, that Applicant deliberately failed to disclose that information set forth in subparagraph 2.a., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
3.b	The SOR alleges that on the SCA Applicant executed on May 20, 2014, Applicant falsified material facts in response to the questions under 'Section 23 - Illegal Use of Drugs or Drug Activity.' The questions asked: 'In the last 7 years, have you been involved in the illegal purchase, manufacture, cultivation . . . or sale of any drug or controlled substance?' Applicant answered, 'No,' to this question. It is alleged in the SOR, that Applicant deliberately failed to disclose that he engaged in the conduct alleged in subparagraphs 1.a., 1.b., and 1.d. through 1.h., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant executed a Security Clearance Application (SCA) certified by him on May 20, 2014. The SOR alleges that Applicant falsified material facts in response to the questions under 'Section 23 - Illegal Use of Drugs or Drug Activity.' The questions asked: 'In the last 7 years, have you illegally used any drugs or controlled substances?' Applicant answered, 'No,' to this question. It is alleged in the SOR, that Applicant deliberately failed to disclose that information set forth in subparagraph 2.a., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

3.b

The SOR alleges that on the SCA Applicant executed on May 20, 2014, Applicant falsified material facts in response to the questions under 'Section 23 - Illegal Use of Drugs or Drug Activity.' The questions asked: 'In the last 7 years, have you been involved in the illegal purchase, manufacture, cultivation . . . or sale of any drug or controlled substance?' Applicant answered, 'No,' to this question. It is alleged in the SOR, that Applicant deliberately failed to disclose that he engaged in the conduct alleged in subparagraphs 1.a., 1.b., and 1.d. through 1.h., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	used marijuana with varying frequency from 1997 to at least 2012	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
2.b	Applicant’s conduct as set forth in subparagraphs 1.a., 1.b., and 1.d., above is a concern under Guideline H	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

used marijuana with varying frequency from 1997 to at least 2012

Against Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

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

—

2.b

Applicant’s conduct as set forth in subparagraphs 1.a., 1.b., and 1.d., above is a concern under Guideline H

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(a) any substance misuse

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The SOR alleges that Applicant has engaged in criminal acts, which create doubt about his judgement, reliability, and trustworthiness. The SOR lists eight allegations (1.a. through 1.h.) regarding criminal conduct, under Adjudicative Guideline J. Applicant admitted each of these eight allegations of criminal conduct that occurred between July 2001 and May 2012, in his RSOR. Allegations 1.a., 1.b., 1.d., 1.e., 1.g., and 1.h. are drug related; including possession with intent to distribute a Class A controlled substance, possession with intent to distribute a Class B controlled substance, possession of a Class C controlled substance, and possession of a Class D controlled substance. The most recent allegation, 1.h., which Applicant admitted, alleges that in May 2012 he was “arrested and charged with a felony possession of a Class B Substance.” Allegation 1.c. alleges, and Applicant admitted, that in March 2002, he was arrested and charged with uttering and possession of a counterfeit note/cert/bill. Allegation 1.f. alleges, and Applicant admitted, that in March 2006 he was arrested and charged with uttering a counterfeit note/cert/bill and larceny by check.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The SOR alleges that Applicant has engaged in criminal acts, which create doubt about his judgement, reliability, and trustworthiness. The SOR lists eight allegations (1.a. through 1.h.) regarding criminal conduct, under Adjudicative Guideline J. Applicant admitted each of these eight allegations of criminal conduct that occurred between July 2001 and May 2012, in his RSOR. Allegations 1.a., 1.b., 1.d., 1.e., 1.g., and 1.h. are drug related; including possession with intent to distribute a Class A controlled substance, possession with intent to distribute a Class B controlled substance, possession of a Class C controlled substance, and possession of a Class D controlled substance. The most recent allegation, 1.h., which Applicant admitted, alleges that in May 2012 he was “arrested and charged with a felony possession of a Class B Substance.” Allegation 1.c. alleges, and Applicant admitted, that in March 2002, he was arrested and charged with uttering and possession of a counterfeit note/cert/bill. Allegation 1.f. alleges, and Applicant admitted, that in March 2006 he was arrested and charged with uttering a counterfeit note/cert/bill and larceny by check.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

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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