ISCR Case 08-04595.h1

Case Headnote

ISCR Case No. 08-04595.h1

deniedJun 22, 2009· Hon. Rita C. O'Brien· hearing

Summary

A 51-year-old engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons included allegations of extensive illegal drug use, specifically marijuana from approximately age 10 to 2002, cocaine from 1986 to 2002, and psychedelic mushrooms three times between 2000 and 2002. The applicant also admitted to purchasing marijuana and cocaine and possessing psychedelic mushrooms for about five years. A significant concern was the applicant's use of illegal drugs after being granted a security clearance.

Additionally, the applicant was alleged to have deliberately falsified information on his security clearance applications. While he admitted to the drug use allegations, he denied the falsification claims. Disqualifying conditions H.25(a), H.25(c), and H.25(g) were raised, and mitigating conditions H.26(a) and H.26(b) were applied.

Ultimately, the clearance was denied because the applicant used illegal drugs, including cocaine, while holding a security clearance, and admitted to falsifying information on his security clearance applications. His drug use history, spanning approximately 30 years, raised concerns about his reliability and judgment, and the judge found he failed to mitigate these issues, particularly his drug use while cleared and his lack of full disclosure.

Why the Applicant Was Denied

The applicant used illegal drugs, including cocaine, while holding a security clearance.
The applicant admitted to falsifying information on his security clearance applications.
The applicant's drug use history extended over a period of approximately 30 years, raising concerns about his reliability and judgment.

Conditions Referenced

Disqualifying

H.25(a)raisedAny Drug Abuse
H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance

Mitigating

H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use occurred while he was a mature adult and while holding a security clearance.
H.26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant has abstained from illegal drugs for a significant period but maintains contact with drug-using associates.

Key Rule Quoted

“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedNov 7, 2008
Answer filedDec 23, 2008
Hearing heldMar 26, 2009
Decision dateJun 22, 2009

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Falsification of Information on Security Clearance Applications Under Guideline E
Consideration of Long-term Drug Use History in Security Clearance Decisions

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 admitted to SOR ¶ 2.a, which cross-references allegations 1.a. through 1.g.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (g) association with persons involved in criminal activity	—	—
2.b	Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—
2.c	Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—
2.d	Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant admitted to SOR ¶ 2.a, which cross-references allegations 1.a. through 1.g.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

(g) association with persons involved in criminal activity

—

2.b

Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.

For Applicant

Lack of Candor in Interview

—

Denied

—

2.c

Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.

For Applicant

Lack of Candor in Interview

—

Denied

—

2.d

Applicant denied allegations 2.b. through 2.d., which allege deliberate falsification of information he provided on his security clearance applications.

For Applicant

Lack of Candor in Interview

—

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	You used marijuana from approximately age 10 to 2002.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	You used cocaine from approximately 1986 to 2002.	Against Applicant	CocaineWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	You used psychedelic mushrooms three times between 2000 and 2002.	Against Applicant	PsilocybinWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.d	You purchased marijuana and cocaine during your drug use.	Against Applicant	Drug Distribution or DealingWHILE 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	—	—
1.e	You possessed psychedelic mushrooms in your home for approximately five years.	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	—	—
1.f	specific text not stated in this decision	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
1.g	You used illegal drugs after being granted a security clearance.	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

You used marijuana from approximately age 10 to 2002.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

—

1.b

You used cocaine from approximately 1986 to 2002.

Against Applicant

CocaineWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

—

1.c

You used psychedelic mushrooms three times between 2000 and 2002.

Against Applicant

PsilocybinWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

—

1.d

You purchased marijuana and cocaine during your drug use.

Against Applicant

Drug Distribution or DealingWHILE 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

—

1.e

You possessed psychedelic mushrooms in your home for approximately five years.

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

—

1.f

specific text not stated in this decision

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

1.g

You used illegal drugs after being granted a security clearance.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

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

—

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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

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES