ISCR Case 08-07101.h1

Case Headnote

ISCR Case No. 08-07101.h1

deniedSep 11, 2009· Hon. Erin C. Hogan· hearing

Summary

A 31-year-old mechanical engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history of marijuana use, including continued use after expressing an intent to abstain, was central to the decision.

Specific allegations included providing false or misleading information, failing to provide truthful answers during the security clearance process, and engaging in conduct that raised questions about his reliability and trustworthiness. The applicant's actions were also cited as demonstrating questionable judgment, a lack of candor, and creating a vulnerability to exploitation. While the applicant self-disclosed past marijuana use prior to a June 2007 interview, he admitted to using marijuana in September 2007 and on multiple occasions after being granted a security clearance.

The denial was based on the applicant's admitted marijuana use after receiving a clearance, his failure to adhere to his stated intent to stop drug use, and his continued use after self-reporting and signing a no-drug-use agreement. These actions indicated a lack of commitment to compliance with regulations, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana on multiple occasions after being granted a security clearance.
The applicant's failure to follow through on his expressed intent to refrain from illegal drug use raised questions about his reliability and trustworthiness.
The applicant's continued marijuana use after self-reporting and signing a no-drug-use agreement indicated a lack of commitment to compliance with rules and regulations.

Conditions Referenced

Disqualifying

H DC 25(a)appliedAny Drug Abuse
H DC 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
H DC 25(h)appliedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
E DC 16(b)raisedDeliberately Providing False or Misleading Information
E DC 16(e)appliedConcealment of Information That Creates Vulnerability to Exploitation
E DC 16(f)appliedViolation of a Written or Recorded Commitment Made by the Individual to the Employer

Mitigating

H MC 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
H MC 26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the Future
E MC 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
E MC 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedApr 30, 2009
Answer filedMay 9, 2009Requested decision on written record.
Hearing heldAug 19, 2009Case assigned to judge.
Decision dateSep 11, 2009

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement
Impact of Self-reported Drug Use on Security Clearance Eligibility
Consideration of Expressed Intent to Abstain From Drug Use 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
1.a	Applicant provided false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority or other official government representative.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation (f) violation of a written commitment made as a condition of employment	—	—
1.b	Applicant failed to provide truthful and candid answers during the security clearance process.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation (f) violation of a written commitment made as a condition of employment	—	—
1.c	Applicant engaged in conduct that raises questions about his reliability, trustworthiness and ability to protect classified information.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation (f) violation of a written commitment made as a condition of employment	—	—
1.d	Applicant's conduct involved questionable judgment and lack of candor.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation (f) violation of a written commitment made as a condition of employment	—	—
1.e	Applicant's actions created a vulnerability to exploitation, manipulation, or duress.	Against Applicant	Concealment Creating Coercion VulnerabilityFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation (f) violation of a written commitment made as a condition of employment	—	—
1.f	Applicant self-disclosed his past marijuana use to the government prior to his June 11, 2007, interview.	For Applicant	Falsification Security Form	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant provided false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority or other official government representative.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(f) violation of a written commitment made as a condition of employment

—

1.b

Applicant failed to provide truthful and candid answers during the security clearance process.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(f) violation of a written commitment made as a condition of employment

—

1.c

Applicant engaged in conduct that raises questions about his reliability, trustworthiness and ability to protect classified information.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(f) violation of a written commitment made as a condition of employment

—

1.d

Applicant's conduct involved questionable judgment and lack of candor.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(f) violation of a written commitment made as a condition of employment

—

1.e

Applicant's actions created a vulnerability to exploitation, manipulation, or duress.

Against Applicant

Concealment Creating Coercion VulnerabilityFOUND DELIBERATE

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(f) violation of a written commitment made as a condition of employment

—

1.f

Applicant self-disclosed his past marijuana use to the government prior to his June 11, 2007, interview.

For Applicant

Falsification Security Form

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Other

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The applicant used marijuana in September 2007.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue (d) diagnosis of a substance use disorder	—	—
2.b	The applicant used marijuana on multiple occasions after being granted a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—
2.c	The applicant expressed intent to refrain from illegal drug use but continued to use marijuana.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	(d) diagnosis of a substance use disorder (g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The applicant used marijuana in September 2007.

Against Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

—

2.b

The applicant used marijuana on multiple occasions after being granted a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

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

—

2.c

The applicant expressed intent to refrain from illegal drug use but continued to use marijuana.

Against Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

(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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION