ISCR Case 08-06385.h1

Case Headnote

ISCR Case No. 08-06385.h1

deniedApr 9, 2010· Hon. David M. White· hearing

Summary

A 26-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of drug and alcohol abuse from 1998 to 2003, including multiple convictions for Minor in Possession of Alcohol and Driving Under the Influence, leading to several inpatient and outpatient treatment programs. While he successfully completed treatment and has been clean and sober since May 2003, demonstrating mitigation for his substance abuse, his application was ultimately denied.

The denial stemmed from deliberate falsifications and omissions regarding his substance abuse history at various stages of the security clearance process. Specifically, the applicant failed to disclose the full extent of his drug and alcohol use, including daily marijuana and alcohol use until May 2003, and methamphetamine use until April 2003. He also omitted details about prior treatment programs, including an expulsion for bringing marijuana into a facility, and misrepresented the timeline of his sobriety.

These intentional misrepresentations, made on his SF 86, during an OPM interview, and in response to DOHA interrogatories, were deemed to undermine his trustworthiness. The applicant did not make prompt, good-faith efforts to correct these omissions before being confronted with the facts, leading to the conclusion that he failed to mitigate the security concerns related to his personal conduct.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns related to personal conduct due to deliberate falsifications and omissions regarding his substance abuse history.
The applicant's attempts to conceal his drug and alcohol use were deemed intentional and not credible, undermining his trustworthiness.
The applicant did not demonstrate prompt, good-faith efforts to correct his omissions before being confronted with the facts.

Conditions Referenced

Disqualifying

E2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E2.braisedDeliberately Providing False or Misleading Information
G2.araisedAlcohol-related Incidents Away From Work
H2.araisedIllegal Drug Involvement
J2.araisedCriminal Conduct

Mitigating

E3.arejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not disclose information until confronted.
E3.brejectedFailure to Cooperate Caused by Inadequate AdviceNo evidence of improper advice was presented.
E3.crejectedMinor Offense or Unlikely to RecurFalsifications were numerous and related to the current application.
E3.drejectedAcknowledgment of Behavior and CounselingThe applicant's retraction of admissions was unpersuasive.
E3.erejectedPositive Steps to Reduce VulnerabilityThe applicant's employer was uninformed of his substance abuse history.

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 5, 2009
Answer filedSep 2, 2009Applicant failed to respond to some allegations.
Hearing heldApr 9, 2010Hearing was rescheduled after a continuance was granted.
Decision dateAug 17, 2010

Cite For

Deliberate Falsification of Security Clearance Application Under Guideline E
Failure to Mitigate Alcohol-related Security Concerns Under Guideline G
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J

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
1.a	Applicant deliberately falsified and omitted relevant facts concerning his drug and alcohol history at various stages of the security clearance process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant deliberately falsified and omitted relevant facts concerning his drug and alcohol history at various stages of the security clearance process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant abused drugs and alcohol from 1998 to 2003, to the point of developing dependencies.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
3.b	After two Minor in Possession of Alcohol (MIP) and one Driving Under the Influence (DUI) convictions, he entered three inpatient and one outpatient treatment programs.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.c	The latter two of those were successful, and he has been clean and sober since May 2003.	For Applicant	Treatment Non Compliance	Admitted	—	—	—
3.d	He deliberately falsified and omitted relevant facts concerning this history at various stages of the security clearance process.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.e	Applicant mitigated drug and alcohol-related security concerns, but failed to mitigate resulting criminal and personal conduct security concerns.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.f–3.h	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Applicant abused drugs and alcohol from 1998 to 2003, to the point of developing dependencies.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

3.b

After two Minor in Possession of Alcohol (MIP) and one Driving Under the Influence (DUI) convictions, he entered three inpatient and one outpatient treatment programs.

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.c

The latter two of those were successful, and he has been clean and sober since May 2003.

For Applicant

Treatment Non Compliance

Admitted

—

3.d

He deliberately falsified and omitted relevant facts concerning this history at various stages of the security clearance process.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.e

Applicant mitigated drug and alcohol-related security concerns, but failed to mitigate resulting criminal and personal conduct security concerns.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.f–3.h

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

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant began using marijuana and alcohol when he was 15 years old. By age 17, which he reached in November 2000, he was using marijuana daily and drinking about ten beers a week, frequently to the point of intoxication. That year he also began regularly using cocaine, methamphetamine, and psilocybin mushrooms. He also experimented twice with LSD, prescription codeine, and ecstasy (methylenedioxymethamphetamine).	For Applicant	Marijuana	Regular	Admitted	—	—	—
2.b	During July 2001, Applicant was charged with his first MIP offense, for which he received probation and court-ordered alcohol treatment. He completed a one-month inpatient treatment program during September and October 2001. Following a probation violation, he was ordered back into inpatient drug and alcohol treatment in December 2001. He was expelled from that program after three days for bringing marijuana into the facility. After that, he served some time in jail.	For Applicant	Drug Use During Clearance	Not Applicable	Admitted	—	—	—
2.c	During April 2002, Applicant was arrested and charged with DUI after being stopped for running a stop sign and testing two to three times over the legal limit. He subsequently pled guilty and was ordered to pay a $2,500 fine, serve five years probation, and undergo additional alcohol treatment.	For Applicant	Drug Use During Clearance	Not Applicable	Admitted	—	—	—
2.d	Applicant continued abusing alcohol, marijuana, and methamphetamine into 2003. He entered and successfully completed another inpatient drug and alcohol treatment program in a different city from May to July 2003. He then successfully completed an outpatient drug and alcohol treatment program from November 2003 to May 2004. As reported during the intake evaluation for this latter program, Applicant’s primary drug of abuse was marijuana, and the secondary was alcohol. He used each of these on a daily basis until May 16, 2003, when he entered his latest inpatient treatment. His other drug of choice was methamphetamine, which he used three times a week until April 20, 2003. He was diagnosed as dependent on all three substances.	For Applicant	Marijuana	Regular	Admitted	—	—	—
2.e	Applicant was discharged from his outpatient treatment with a prognosis from his counselor that he was at low risk of relapse with continued attendance at Narcotics Anonymous (NA) and Alcoholics Anonymous (AA). He has complied with this recommendation, and remained clean and sober since May 2003. He has changed his lifestyle, and no longer associates with his former alcohol and drug abusing friends. He is married to a very impressive and supportive woman, with whom he has developed a pattern of healthy living, remaining free of alcohol and drugs. He also submitted a statement of intent to never abuse drugs in the future, agreeing to automatic revocation of his security clearance for any violation, and three recent urinalysis reports showing negative results for all drugs tested.	For Applicant	Drug Use During Clearance	Not Applicable	Admitted	—	—	—
2.f	When Applicant completed his SF 86, he answered 'No' to question 24 that asked whether he had illegally used any controlled substance since the age of 16 or in the last seven years, whichever was shorter. Applicant turned 16 during November 1999, and signed his SF 86 on September 24, 2007. He admitted that he deliberately failed to list the information concerning his drug use detailed above, and set forth in SOR ¶¶ 2.a through 2.h, in his response to the SOR.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.g	During his November 2007 interview with an investigator from the Office of Personnel Management (OPM), Applicant disclosed that he had undergone, 'one month in inpatient alcohol treatment in late 2002,' in the city where he underwent his last inpatient treatment from May to July 2003. He said he could not remember the name of the facility. He also discussed the follow-on outpatient treatment. He told the investigator that he had not received any other alcohol treatment, nor had any other treatment been recommended. He admitted in his SOR response that he deliberately failed to disclose his earlier inpatient treatment following his 2001 MIP conviction, including his dismissal from the December 2001 treatment for using marijuana during the program. He offered no satisfactory explanation for this failure to disclose this treatment to the investigator.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.h	Applicant also admitted in his SOR response that during his OPM interview he deliberately failed to disclose that his 2001 inpatient programs included treatment for diagnosed dependency to marijuana and abuse of various other drugs, and that his outpatient program from 2003 to 2004 included treatment for diagnosed dependency to marijuana and methamphetamine as well as alcohol. Applicant offered no explanation for this deception, except to claim that he was not directly asked about drugs, which corroborates his ongoing effort to conceal his drug use from the Government.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.i	During his OPM interview, Applicant claimed that his last drink of alcohol was during August 2002, coinciding with his latest MIP arrest. When asked to verify the accuracy of this statement in response to DOHA interrogatories, he added 'I would like to note that I failed to mention a relapse of alcohol on 5/16/03. I initially quit drinking in August of 2002 but had a misstep in my recovery.' Applicant actually continued regular alcohol use until he reached his 'rock bottom' in May 2003. He admitted in his response to the SOR that this failure to disclose the additional alcohol consumption during the interview was deliberate.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.j	In his September 2008 response to DOHA interrogatories concerning drug use, Applicant claimed that had used marijuana one to three times a week between ages 16 and 18, and used methamphetamine once every other week for about six to eight months while he was age 17. He claimed that his last drug use was on June 12, 2002. He turned 18 years old in November 2001. Intake documents obtained from his latest outpatient treatment program revealed that he used marijuana daily until May 16, 2003, and used methamphetamine three times a week until April 20, 2003. Applicant confirmed during the hearing that his drug use continued into 2003 as indicated in the outpatient treatment records, and provided no credible explanation for his false response to the interrogatory. In his SOR response, he admitted to deliberately falsifying these facts and failing to disclose his continuing drug use for almost another year after June 2002.	For Applicant	Marijuana	Regular	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant began using marijuana and alcohol when he was 15 years old. By age 17, which he reached in November 2000, he was using marijuana daily and drinking about ten beers a week, frequently to the point of intoxication. That year he also began regularly using cocaine, methamphetamine, and psilocybin mushrooms. He also experimented twice with LSD, prescription codeine, and ecstasy (methylenedioxymethamphetamine).

For Applicant

Marijuana

Regular

Admitted

—

2.b

During July 2001, Applicant was charged with his first MIP offense, for which he received probation and court-ordered alcohol treatment. He completed a one-month inpatient treatment program during September and October 2001. Following a probation violation, he was ordered back into inpatient drug and alcohol treatment in December 2001. He was expelled from that program after three days for bringing marijuana into the facility. After that, he served some time in jail.

For Applicant

Drug Use During Clearance

Not Applicable

Admitted

—

2.c

During April 2002, Applicant was arrested and charged with DUI after being stopped for running a stop sign and testing two to three times over the legal limit. He subsequently pled guilty and was ordered to pay a $2,500 fine, serve five years probation, and undergo additional alcohol treatment.

For Applicant

Drug Use During Clearance

Not Applicable

Admitted

—

2.d

Applicant continued abusing alcohol, marijuana, and methamphetamine into 2003. He entered and successfully completed another inpatient drug and alcohol treatment program in a different city from May to July 2003. He then successfully completed an outpatient drug and alcohol treatment program from November 2003 to May 2004. As reported during the intake evaluation for this latter program, Applicant’s primary drug of abuse was marijuana, and the secondary was alcohol. He used each of these on a daily basis until May 16, 2003, when he entered his latest inpatient treatment. His other drug of choice was methamphetamine, which he used three times a week until April 20, 2003. He was diagnosed as dependent on all three substances.

For Applicant

Marijuana

Regular

Admitted

—

2.e

Applicant was discharged from his outpatient treatment with a prognosis from his counselor that he was at low risk of relapse with continued attendance at Narcotics Anonymous (NA) and Alcoholics Anonymous (AA). He has complied with this recommendation, and remained clean and sober since May 2003. He has changed his lifestyle, and no longer associates with his former alcohol and drug abusing friends. He is married to a very impressive and supportive woman, with whom he has developed a pattern of healthy living, remaining free of alcohol and drugs. He also submitted a statement of intent to never abuse drugs in the future, agreeing to automatic revocation of his security clearance for any violation, and three recent urinalysis reports showing negative results for all drugs tested.

For Applicant

Drug Use During Clearance

Not Applicable

Admitted

—

2.f

When Applicant completed his SF 86, he answered 'No' to question 24 that asked whether he had illegally used any controlled substance since the age of 16 or in the last seven years, whichever was shorter. Applicant turned 16 during November 1999, and signed his SF 86 on September 24, 2007. He admitted that he deliberately failed to list the information concerning his drug use detailed above, and set forth in SOR ¶¶ 2.a through 2.h, in his response to the SOR.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.g

During his November 2007 interview with an investigator from the Office of Personnel Management (OPM), Applicant disclosed that he had undergone, 'one month in inpatient alcohol treatment in late 2002,' in the city where he underwent his last inpatient treatment from May to July 2003. He said he could not remember the name of the facility. He also discussed the follow-on outpatient treatment. He told the investigator that he had not received any other alcohol treatment, nor had any other treatment been recommended. He admitted in his SOR response that he deliberately failed to disclose his earlier inpatient treatment following his 2001 MIP conviction, including his dismissal from the December 2001 treatment for using marijuana during the program. He offered no satisfactory explanation for this failure to disclose this treatment to the investigator.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.h

Applicant also admitted in his SOR response that during his OPM interview he deliberately failed to disclose that his 2001 inpatient programs included treatment for diagnosed dependency to marijuana and abuse of various other drugs, and that his outpatient program from 2003 to 2004 included treatment for diagnosed dependency to marijuana and methamphetamine as well as alcohol. Applicant offered no explanation for this deception, except to claim that he was not directly asked about drugs, which corroborates his ongoing effort to conceal his drug use from the Government.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.i

During his OPM interview, Applicant claimed that his last drink of alcohol was during August 2002, coinciding with his latest MIP arrest. When asked to verify the accuracy of this statement in response to DOHA interrogatories, he added 'I would like to note that I failed to mention a relapse of alcohol on 5/16/03. I initially quit drinking in August of 2002 but had a misstep in my recovery.' Applicant actually continued regular alcohol use until he reached his 'rock bottom' in May 2003. He admitted in his response to the SOR that this failure to disclose the additional alcohol consumption during the interview was deliberate.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.j

In his September 2008 response to DOHA interrogatories concerning drug use, Applicant claimed that had used marijuana one to three times a week between ages 16 and 18, and used methamphetamine once every other week for about six to eight months while he was age 17. He claimed that his last drug use was on June 12, 2002. He turned 18 years old in November 2001. Intake documents obtained from his latest outpatient treatment program revealed that he used marijuana daily until May 16, 2003, and used methamphetamine three times a week until April 20, 2003. Applicant confirmed during the hearing that his drug use continued into 2003 as indicated in the outpatient treatment records, and provided no credible explanation for his false response to the interrogatory. In his SOR response, he admitted to deliberately falsifying these facts and failing to disclose his continuing drug use for almost another year after June 2002.

For Applicant

Marijuana

Regular

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	The applicant deliberately falsified and omitted relevant facts concerning his history of drug and alcohol abuse during the security clearance process.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

The applicant deliberately falsified and omitted relevant facts concerning his history of drug and alcohol abuse during the security clearance process.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES