ISCR Case 08-02421.h1

Case Headnote

ISCR Case No. 08-02421.h1

deniedDec 10, 2009· Hon. Richard A. Cefola· hearing

Summary

A security clearance was denied for an applicant due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant had an extensive history of drug use, primarily methamphetamine, from approximately 1999 until February 2006. Her methamphetamine use escalated from infrequent to a daily habit, consuming up to a gram and a half per day before she entered inpatient rehabilitation from December 2003 to January 2004, followed by two months of aftercare. During this period, she also used cocaine, marijuana, Ecstasy, and Psilocybin mushrooms on at least three occasions each.

Despite her rehabilitation, the applicant continued to use methamphetamine extensively after her inpatient treatment until her arrest in February 2006 for possession of the substance, which constituted criminal conduct. Additionally, in October 1998, she was cited and fined as a Minor in Possession of Alcohol.

A significant factor in the denial was the applicant's willful falsification on her February 12, 2007, e-QIP. While she indicated prior illegal drug use, she misrepresented the duration, failing to disclose her extensive methamphetamine use after her 2004 inpatient treatment until her 2006 arrest. This lack of candor and the falsification, deemed a violation of 18 U.S.C. Section 1001, raised serious doubts about her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant had a history of methamphetamine addiction and criminal conduct, including possession of a controlled substance.
The applicant falsified her e-QIP regarding her drug use, which was deemed a violation of 18 U.S.C. Section 1001.
The applicant's lack of candor raised doubts about her reliability and trustworthiness.

Conditions Referenced

Disqualifying

H.25.araisedAny Drug Abuse
H.25.draisedDiagnosis by a Duly Qualified Medical Professional of Drug Abuse or Drug Dependence
E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
J.31.craisedAllegation or Admission of Criminal Conduct

Mitigating

H.26.b.3appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
H.26.b.4appliedSigned Statement of Intent with Automatic Revocation of Clearance for Any Violation

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 29, 2009
Answer filedJun 16, 2009
Hearing heldSep 16, 2009
Decision dateDec 10, 2009

Cite For

Issues of Drug Involvement and Personal Conduct Under Guidelines E and H
Falsification of Information on Security Clearance Applications
Impact of Criminal Conduct on Security Clearance Eligibility

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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.b	Section 24 of Applicant’s February 12, 2007, e-QIP, styled Your Use of Illegal Drugs and Drug Activity, posits the following question under subparagraph a.: Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance, for example, marijuana, cocaine, crack cocaine, hashish, narcotics (opium, morphine, codeine, heroin, etc.), amphetamines, depressants (barbiturates, methaqualone, tranquilizers, etc.), hallucinogenics (LSD, PCP, etc.), or prescription drugs? (GX 1 at page 38). To which the Applicant checked “Yes”, from “02/2001 (Estimated)” to “12/2003 (Estimated) . . . Methamphetamine,” an “Unknown” number of times, with these additional comments: “I was using a long time and didn’t stop until receiving help in a rehabilitation center . . . .” (Id). I find this to be a wilful falsification, a violation of 18 U.S.C. Section 1001 (TR at page 131 at line 23 to page 132 line 25). The Applicant used methamphetamine, extensively, after her inpatient treatment in January of 2004, until her arrest in February of 2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.b

Section 24 of Applicant’s February 12, 2007, e-QIP, styled Your Use of Illegal Drugs and Drug Activity, posits the following question under subparagraph a.: Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance, for example, marijuana, cocaine, crack cocaine, hashish, narcotics (opium, morphine, codeine, heroin, etc.), amphetamines, depressants (barbiturates, methaqualone, tranquilizers, etc.), hallucinogenics (LSD, PCP, etc.), or prescription drugs? (GX 1 at page 38). To which the Applicant checked “Yes”, from “02/2001 (Estimated)” to “12/2003 (Estimated) . . . Methamphetamine,” an “Unknown” number of times, with these additional comments: “I was using a long time and didn’t stop until receiving help in a rehabilitation center . . . .” (Id). I find this to be a wilful falsification, a violation of 18 U.S.C. Section 1001 (TR at page 131 at line 23 to page 132 line 25). The Applicant used methamphetamine, extensively, after her inpatient treatment in January of 2004, until her arrest in February of 2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant used methamphetamine, with varying frequency and to the point of addiction, from about 1999 until her last usage in February of 2006.	For Applicant	Methamphetamine	Regular	Admitted	—	—	—
1.b	Her initial usage was very infrequent, but it increased to a daily habit at the tail end of 2002 and the beginning of 2003.	For Applicant	Methamphetamine	Regular	Admitted	—	—	—
1.c	Just before she went into rehabilitation treatment in December of 2003, the Applicant was using every day . . . a gram and a half a day at that point.	For Applicant	Methamphetamine	Regular	Admitted	—	—	—
1.d	From December of 2003 until January of 2004, the Applicant received inpatient treatment for her addiction.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.e	After her inpatient treatment, she was in an after care program for about two months.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.f	During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.	For Applicant	Cocaine	Occasional	Admitted	—	—	—
1.g	During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.h	During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.	For Applicant	MDMA	Occasional	Admitted	—	—	—
1.i	During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.	For Applicant	Psilocybin	Occasional	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant used methamphetamine, with varying frequency and to the point of addiction, from about 1999 until her last usage in February of 2006.

For Applicant

Methamphetamine

Regular

Admitted

—

1.b

Her initial usage was very infrequent, but it increased to a daily habit at the tail end of 2002 and the beginning of 2003.

For Applicant

Methamphetamine

Regular

Admitted

—

1.c

Just before she went into rehabilitation treatment in December of 2003, the Applicant was using every day . . . a gram and a half a day at that point.

For Applicant

Methamphetamine

Regular

Admitted

—

1.d

From December of 2003 until January of 2004, the Applicant received inpatient treatment for her addiction.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

1.e

After her inpatient treatment, she was in an after care program for about two months.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

1.f

During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.

For Applicant

Cocaine

Occasional

Admitted

—

1.g

During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.

For Applicant

Marijuana

Occasional

Admitted

—

1.h

During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.

For Applicant

MDMA

Occasional

Admitted

—

1.i

During the period of her drug usage, the Applicant also used cocaine, marijuana, Ecstasy (MDMA), and Psilocybin mushrooms, each drug on at least three separate occasions.

For Applicant

Psilocybin

Occasional

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—
3.b	The Applicant, admittedly, possessed methamphetamine, when she was arrested in February of 2006 (TR at page 111 line 2 to page 113 line 5). This constitutes criminal conduct.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(c) currently on parole or probation	—	—
3.c	In October of 1998, the Applicant was cited for being a Minor in Possession of Alcohol (TR at page 94 line 25 to page 95 line 11, and at page 127 line 7 to page 128 line 7). She was 19 years of age, and was fined as a result of this incident (Id).	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	(c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

3.b

The Applicant, admittedly, possessed methamphetamine, when she was arrested in February of 2006 (TR at page 111 line 2 to page 113 line 5). This constitutes criminal conduct.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(c) currently on parole or probation

—

3.c

In October of 1998, the Applicant was cited for being a Minor in Possession of Alcohol (TR at page 94 line 25 to page 95 line 11, and at page 127 line 7 to page 128 line 7). She was 19 years of age, and was fined as a result of this incident (Id).

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

(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