ISCR Case 08-01103.h1

Case Headnote

ISCR Case No. 08-01103.h1

deniedNov 3, 2008· Hon. Philip S. Howe· hearing

Summary

A 46-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The applicant had a long history of alcohol and drug use, including multiple arrests for driving under the influence and drug possession. He used marijuana monthly from 1980, continuing bi-weekly or monthly between 1989 and 1995, and last used it on March 25, 2007. Notably, he used marijuana from August 1996 to 2007 while holding a security clearance and also used cocaine once in September 1996 during that period.

The applicant faced multiple arrests, including charges for possession of a controlled substance, marijuana, and drug paraphernalia, with one marijuana possession arrest occurring on March 6, 2007, while entering court for a prior arrest. He also deliberately failed to disclose his marijuana use on his July 3, 1996, security clearance application, admitting he was embarrassed and in denial.

Despite acknowledging his issues and undergoing substance abuse counseling, the judge found insufficient evidence of a stable pattern of abstinence or satisfactory completion of a drug treatment program. The denial was based on his extensive history of alcohol abuse, drug use while holding a clearance, and deliberate omissions on his security clearance applications, raising concerns about his reliability and trustworthiness.

Why the Applicant Was Denied

Applicant has a long history of alcohol abuse, including multiple arrests for DUI and other alcohol-related offenses.
Applicant used marijuana and cocaine while holding a security clearance, with multiple arrests for drug possession.
Applicant deliberately omitted relevant facts regarding his drug and alcohol use on his security clearance applications.

Conditions Referenced

Disqualifying

G-1raisedAlcohol-related Incidents Away From Work
G-3raisedHabitual or Binge Consumption of Alcohol
H-1raisedDrug Abuse
H-2raisedIllegal Drug Possession
H-3raisedIllegal Drug Use After Being Granted a Security Clearance
E-1raisedDeliberate Omission of Relevant Facts
E-2raisedProviding False or Misleading Information
E-3raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

G-2rejectedAcknowledgment of Alcohol Problem and Actions TakenWhile the applicant acknowledged his alcohol problem, he only began treatment due to court order and had not established a firm pattern of abstinence.
H-4rejectedCompletion of Drug Treatment ProgramInsufficient evidence of satisfactory completion of a drug treatment program or a favorable prognosis.
E-4rejectedAcknowledgment of Behavior and CounselingAlthough the applicant acknowledged his behavior, the steps taken were not sufficient to mitigate the concerns.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 18, 2008
Answer filedMay 7, 2008
Hearing heldJul 21, 2008
Decision dateNov 3, 2008

Cite For

Denial of Security Clearance Due to Long History of Alcohol and Drug Abuse
Impact of Deliberate Omissions on Security Clearance Eligibility
Insufficient Evidence of Rehabilitation in Alcohol and Drug Cases

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	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—
3.b	Applicant failed to disclose on his previous July 3, 1996, SCA that he had used marijuana at least monthly or bi-weekly between 1989 and 1995 in response to Question 27, “Since the age of 16 or in the last 7 years, which ever is shorter, have you illegally used any controlled substance, for example, marijuana, etc.”	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	—	Claimed Acknowledgment and Remorse
3.c–3.e	3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

Withdrawn

Unspecified Personal Conduct

—

Unknown

—

3.b

Applicant failed to disclose on his previous July 3, 1996, SCA that he had used marijuana at least monthly or bi-weekly between 1989 and 1995 in response to Question 27, “Since the age of 16 or in the last 7 years, which ever is shorter, have you illegally used any controlled substance, for example, marijuana, etc.”

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

—

Claimed

Acknowledgment and Remorse

3.c–3.e

3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including multiple arrests for driving under the influence.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including multiple arrests for driving under the influence.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana on a monthly basis from his senior year in high school, in 1980. He used marijuana alone, and monthly or bi-weekly in that time period. He last used marijuana on March 25, 2007. Applicant used marijuana while having a security clearance from August 1996 onward to 2007.	Against Applicant	MarijuanaWHILE CLEARED	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	—	—
2.b	Applicant used cocaine once in September 1996 while having a security clearance.	Against Applicant	CocaineWHILE CLEARED	Not Applicable	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	—	—
2.c	Applicant was arrested on charges of possession of a controlled substance, possession of marijuana, and possession of drug paraphernalia. No disposition of this arrest is known.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	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	—	—
2.d	Applicant was again arrested for possession of marijuana on March 6, 2007, when going to court on the 2006 arrest. He had marijuana in his coat pocket as he was going through the court security system.	Against Applicant	Drug Possession with IntentWHILE CLEARED	Not Applicable	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	—	—
2.e	Applicant failed to disclose his marijuana use on his security clearance applications, admitting he deliberately failed to disclose this information because he was embarrassed and in a state of denial.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
2.f	Applicant's treatment program includes substance abuse counseling to address his marijuana use.	Against Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse	—	—
2.g–2.h	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used marijuana on a monthly basis from his senior year in high school, in 1980. He used marijuana alone, and monthly or bi-weekly in that time period. He last used marijuana on March 25, 2007. Applicant used marijuana while having a security clearance from August 1996 onward to 2007.

Against Applicant

MarijuanaWHILE CLEARED

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

—

2.b

Applicant used cocaine once in September 1996 while having a security clearance.

Against Applicant

CocaineWHILE CLEARED

Not Applicable

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

—

2.c

Applicant was arrested on charges of possession of a controlled substance, possession of marijuana, and possession of drug paraphernalia. No disposition of this arrest is known.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

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

—

2.d

Applicant was again arrested for possession of marijuana on March 6, 2007, when going to court on the 2006 arrest. He had marijuana in his coat pocket as he was going through the court security system.

Against Applicant

Drug Possession with IntentWHILE CLEARED

Not Applicable

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

—

2.e

Applicant failed to disclose his marijuana use on his security clearance applications, admitting he deliberately failed to disclose this information because he was embarrassed and in a state of denial.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

—

2.f

Applicant's treatment program includes substance abuse counseling to address his marijuana use.

Against Applicant

Treatment FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

—

2.g–2.h

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

Unspecified Drug Involvement

Unspecified

—

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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