ISCR Case 06-23318.h1

Case Headnote

ISCR Case No. 06-23318.h1

deniedMay 24, 2007· Hon. Joan Caton Anthony· hearing

Summary

A 50-year-old nuclear pumper with a long history of security clearance was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to cocaine use from 1989 to 1997 and again from 2004 to at least June 2005, including while holding a security clearance granted in 1976. He also purchased cocaine.

The applicant faced multiple drug-related arrests, including felony charges for Possession of Drugs in November 1996 and March 1998, both resulting in guilty pleas to Possession of Cocaine, two years probation, and orders for drug counseling. In October 1998, he was arrested for Possession of Controlled Substance, a felony, which was Nolle Pressed. Additionally, the applicant had several arrests for Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) in 1977, 1978, November 1987, and March 1998, with convictions leading to license suspensions and substance abuse program referrals.

Further concerns arose from the applicant's falsification of material facts on security clearance applications by deliberately failing to disclose his cocaine use from 1989 to at least 1992 and fully disclose use to at least June 2005. These omissions constituted a violation of federal law. The judge found that the applicant failed to provide credible evidence of rehabilitation or intent to abstain from drug use, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to cocaine use from 1989 to 1997 and again from 2004 to at least June 2005, raising significant security concerns.
The applicant had multiple arrests for drug possession and driving offenses, indicating a pattern of criminal conduct.
The applicant's attempts to mitigate concerns through claims of rehabilitation were not supported by credible evidence.

Conditions Referenced

Disqualifying

H.25(a)raisedDrug Abuse
H.25(c)raisedIllegal Drug Possession
H.25(g)raisedIllegal Use After Clearance Granted
E.16(a)raisedFalsification of Relevant Facts
J.31(a)raisedSerious Crime or Multiple Lesser Offenses

Key Rule Quoted

“[N]o one has a ‘right’ to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJan 4, 2007
Answer filedFeb 9, 2007Applicant requested determination on the record.
Hearing held—No hearing; case determined on the record.
Decision dateMay 24, 2007

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Pattern of Criminal Conduct Under Guideline J
Issues of Falsification Under Guideline E

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 falsified material facts by deliberately failing to list his cocaine use from 1989 to at least 1992	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.b	Applicant materially falsified material facts in his answer by deliberately failing to fully disclose his use of cocaine to at least June 2005	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.c	Applicant used cocaine while holding a security clearance granted in 1976	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified material facts by deliberately failing to list his cocaine use from 1989 to at least 1992

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

2.b

Applicant materially falsified material facts in his answer by deliberately failing to fully disclose his use of cocaine to at least June 2005

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

2.c

Applicant used cocaine while holding a security clearance granted in 1976

Against Applicant

Questionable Judgment General

—

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used cocaine, with varying frequency, from about 1989 to about November 1997 and from 2004 to at least June 3 2005	Against Applicant	Cocaine	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	—	—
1.b	Applicant purchased cocaine	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.c	Applicant was arrested in about November 1996 and charged with Possession of Drugs, a felony. Applicant pled guilty to Possession of Cocaine, was sentenced to two years probation, and ordered to attend drug counseling.	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.d	Applicant was arrested again in about March 1998 and charged with Possession of Drugs, a felony. Applicant pled guilty to Possession of Cocaine, was sentenced to two years probation, and was ordered to attend drug counseling.	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.e	In October 1998, Applicant was arrested and charged with Possession of Controlled Substance, a felony. The charge was Nolle Pressed.	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.f	Applicant used cocaine while holding a security clearance in 1976.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used cocaine, with varying frequency, from about 1989 to about November 1997 and from 2004 to at least June 3 2005

Against Applicant

Cocaine

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

—

1.b

Applicant purchased cocaine

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

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

—

1.c

Applicant was arrested in about November 1996 and charged with Possession of Drugs, a felony. Applicant pled guilty to Possession of Cocaine, was sentenced to two years probation, and ordered to attend drug counseling.

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

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

—

1.d

Applicant was arrested again in about March 1998 and charged with Possession of Drugs, a felony. Applicant pled guilty to Possession of Cocaine, was sentenced to two years probation, and was ordered to attend drug counseling.

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

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

—

1.e

In October 1998, Applicant was arrested and charged with Possession of Controlled Substance, a felony. The charge was Nolle Pressed.

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

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

—

1.f

Applicant used cocaine while holding a security clearance in 1976.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The information alleged in subparagraphs 2.a. and 2.b. under Guideline E above constituted a violation of Federal law, pursuant to section 1001 of Title 18, U.S.C. and was a felony crime.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.b	The information set forth in SOR allegations 1.c., 1.d., and 1.e. under Guideline H also constituted criminal conduct.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.c	Applicant was arrested in about 1977 and charged with Driving Under the Influence (DUI).	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.d	Applicant was arrested in 1978 and charged with DUI.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.e	Applicant was arrested in November 1987, charged with Driving While Intoxicated (DWI), found guilty, referred by the court to a substance abuse program, and his driver’s license was suspended for six months.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
3.f	Applicant was arrested in March 1998, charged with (1) DWI and (2) Driving Under Revocation or suspension, that he was found guilty on both counts, and his driver’s license was suspended for one year for Count (1) and 90 days for Count (2).	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The information alleged in subparagraphs 2.a. and 2.b. under Guideline E above constituted a violation of Federal law, pursuant to section 1001 of Title 18, U.S.C. and was a felony crime.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

—

3.b

The information set forth in SOR allegations 1.c., 1.d., and 1.e. under Guideline H also constituted criminal conduct.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

—

3.c

Applicant was arrested in about 1977 and charged with Driving Under the Influence (DUI).

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

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

—

3.d

Applicant was arrested in 1978 and charged with DUI.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

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

—

3.e

Applicant was arrested in November 1987, charged with Driving While Intoxicated (DWI), found guilty, referred by the court to a substance abuse program, and his driver’s license was suspended for six months.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

3.f

Applicant was arrested in March 1998, charged with (1) DWI and (2) Driving Under Revocation or suspension, that he was found guilty on both counts, and his driver’s license was suspended for one year for Count (1) and 90 days for Count (2).

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES