ISCR Case 07-11409.h1

Case Headnote

ISCR Case No. 07-11409.h1

deniedAug 26, 2008· Hon. LeRoy F. Foreman· hearing

Summary

A 29-year-old technical support engineer was denied a security clearance due to concerns under Guideline H (Drug Involvement), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant had a history of illegal drug use, including marijuana from 1996/1997 through 2000, ecstasy in at least 2001 and 2002, and anabolic steroids from at least March 2002 to late 2004 and in 2006. He also purchased and sold illegal steroids, including a sale to a friend for about $160 in August 2006, and used steroids while holding an interim security clearance.

The denial was also based on multiple instances of falsification and lack of candor. The applicant deliberately failed to disclose his drug use on his SF 86 in October 2003 and his e-QIP in August 2005. He also failed to fully disclose the extent of his steroid use and purchases during a June 2007 security investigator interview, and did not disclose the sale of steroids to a friend in August 2006. Furthermore, he falsely denied using ecstasy in 2002 and falsely stated he disposed of remaining illegal steroids in March 2005.

The judge found substantial evidence of drug abuse and intentional omissions in the applicant's disclosures, which raised disqualifying conditions under the cited guidelines. The applicant's admitted drug use, coupled with his repeated falsification of security clearance applications and lack of candor during interviews, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana, ecstasy, and anabolic steroids, which raised disqualifying conditions under Guideline H.
The applicant falsified his security clearance applications by omitting his drug use, which raised disqualifying conditions under Guideline E.
The applicant's lack of candor during security interviews further undermined his trustworthiness.

Conditions Referenced

Disqualifying

H.25.araisedAny Drug Abuse
H.25.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E.16.braisedDeliberately Providing False or Misleading Information Concerning Relevant Facts

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedFeb 11, 2008
Answer filedApr 22, 2008
Hearing heldJun 16, 2008
Decision date—

Cite For

Disqualifying Conditions Related to Drug Involvement Under Guideline H
Falsification of Security Clearance Applications Under Guideline E
The Importance of Candor During Security Clearance Interviews

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	Falsified his SF 86 in October 2003 by deliberately failing to disclose his use of marijuana, ecstasy, and steroids.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	Falsified his e-QIP in August 2005 by deliberately failing to disclose his use of marijuana and ecstasy.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	Deliberately failing to fully disclose the extent of his steroid use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	Falsified material facts during a security investigator interview in June 2007 by failing to disclose his purchases of steroids through the internet.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.e	Failed to disclose his sale of steroids to a friend in August 2006.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.f	Falsely denied using ecstasy in 2002.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.g	Falsely stated he threw his remaining illegal steroids in the garbage in March 2005.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.h	Used illegal steroids while holding a security clearance.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.i	specific text not stated in this decision	Unknown	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Falsified his SF 86 in October 2003 by deliberately failing to disclose his use of marijuana, ecstasy, and steroids.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.b

Falsified his e-QIP in August 2005 by deliberately failing to disclose his use of marijuana and ecstasy.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.c

Deliberately failing to fully disclose the extent of his steroid use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.d

Falsified material facts during a security investigator interview in June 2007 by failing to disclose his purchases of steroids through the internet.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.e

Failed to disclose his sale of steroids to a friend in August 2006.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.f

Falsely denied using ecstasy in 2002.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.g

Falsely stated he threw his remaining illegal steroids in the garbage in March 2005.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.h

Used illegal steroids while holding a security clearance.

Against Applicant

Rules Violation at Workplace

—

Denied

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

—

2.i

specific text not stated in this decision

Unknown

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana from 1996/1997 through 2000	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.b	Used ecstasy in at least 2001	For Applicant	MDMAWHILE CLEARED	Experimental	Admitted	—	—	—
1.c	Used illegal anabolic and androgenic steroids from at least March 2002 to late 2004 and in 2006	For Applicant	Anabolic Steroid MisuseWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	—
1.d	Purchased illegal anabolic and androgenic steroids	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	Sold an illegal anabolic steroid to a friend in August 2006 for about $160	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.f	Gave an illegal anabolic steroid to a friend in about 2002	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.g	Used illegal anabolic and androgenic steroids while holding an interim security clearance	For Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana from 1996/1997 through 2000

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.b

Used ecstasy in at least 2001

For Applicant

MDMAWHILE CLEARED

Experimental

Admitted

—

1.c

Used illegal anabolic and androgenic steroids from at least March 2002 to late 2004 and in 2006

For Applicant

Anabolic Steroid MisuseWHILE CLEARED

Regular

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

—

1.d

Purchased illegal anabolic and androgenic steroids

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.e

Sold an illegal anabolic steroid to a friend in August 2006 for about $160

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.f

Gave an illegal anabolic steroid to a friend in about 2002

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.g

Used illegal anabolic and androgenic steroids while holding an interim security clearance

For Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

specific text not stated in this decision

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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