ISCR Case 08-08918.h1

Case Headnote

ISCR Case No. 08-08918.h1

deniedJul 1, 2008· Hon. Juan J. Rivera· hearing

Summary

A 27-year-old assistant project manager was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use, including marijuana from 1997 to April 2006 (over 60 uses), cocaine four to five times from 2001 to 2006, ecstasy three to four times from 1999 to 2002, and prescription pain pills without a prescription ten to twelve times from 1999 to 2006. He also illegally possessed mushrooms until at least May 2007 and tested positive for illegal drug use.

Additionally, the applicant deliberately falsified material facts on his 2000 security clearance application by failing to disclose the full extent of his drug use. He also falsified information in a May 23, 2001, sworn statement, on security paperwork submitted in 2003, and during a 2003 interview with a Federal Bureau of Investigations agent. He admitted to lying out of concern for his job prospects.

Despite demonstrating some remorse and a period of abstinence, the judge found that the applicant's continued association with drug-using friends and the seriousness of his past conduct, particularly the repeated falsifications, outweighed his mitigating factors. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use, including marijuana, cocaine, mushrooms, ecstasy, and prescription medications without a prescription.
He continued to associate with drug-using friends, raising concerns about the likelihood of recurrence of drug use.
The applicant's falsifications on multiple security clearance applications were serious offenses that undermined his trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's continued association with drug-using friends and lack of rehabilitation efforts undermined his intent.
AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct OmissionsThe applicant disclosed his drug use and past falsifications in his 2008 application.

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 14, 2009
Answer filedApr 20, 2009
Hearing heldJul 23, 2009
Decision date—

Cite For

Denial of Security Clearance Due to Long-term Drug Involvement
Seriousness of Falsifications in Security Clearance Applications
Impact of Ongoing Associations with Drug-using Individuals 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	Applicant deliberately falsified material facts on his 2000 security clearance application when he failed to disclose the full extent and frequency of his use of marijuana, mushrooms, ecstasy, and medications without prescription.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
2.b	Applicant also deliberately falsified material facts in his May 23, 2001, sworn statement, on security paperwork he submitted in 2003, and in a statement he provided to a Federal Bureau of Investigations agent during an interview in 2003.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
2.c	Applicant lied because he was concerned he would not be considered for a job position, or fired, if he disclosed the full extent of his illegal drug use.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	(a) prompt, good-faith correction before being confronted	Claimed Voluntary Disclosure Before Confrontation
2.d	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately falsified material facts on his 2000 security clearance application when he failed to disclose the full extent and frequency of his use of marijuana, mushrooms, ecstasy, and medications without prescription.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

2.b

Applicant also deliberately falsified material facts in his May 23, 2001, sworn statement, on security paperwork he submitted in 2003, and in a statement he provided to a Federal Bureau of Investigations agent during an interview in 2003.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

2.c

Applicant lied because he was concerned he would not be considered for a job position, or fired, if he disclosed the full extent of his illegal drug use.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

(a) prompt, good-faith correction before being confronted

Claimed

Voluntary Disclosure Before Confrontation

2.d

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Illegal use of marijuana from 1997 to April 2006, with an estimated 60 or more uses.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Testing positive for illegal drug use.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(b) testing positive for an illegal drug	—	—
1.c	Illegal possession of mushrooms until at least May 2007.	Against Applicant	PsilocybinWHILE CLEARED	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.d	Illegal use of cocaine approximately four to five times from July 2001 through April 2006.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.e	Illegal use of ecstasy approximately three to four times from January 1999 through April 2002.	Against Applicant	MDMAWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.f	Illegal use of prescription pain pills without a prescription approximately ten to twelve times from January 1999 through June 2006.	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (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

Illegal use of marijuana from 1997 to April 2006, with an estimated 60 or more uses.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

—

1.b

Testing positive for illegal drug use.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(b) testing positive for an illegal drug

—

1.c

Illegal possession of mushrooms until at least May 2007.

Against Applicant

PsilocybinWHILE CLEARED

Not Applicable

Admitted

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

1.d

Illegal use of cocaine approximately four to five times from July 2001 through April 2006.

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

—

1.e

Illegal use of ecstasy approximately three to four times from January 1999 through April 2002.

Against Applicant

MDMAWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

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

—

1.f

Illegal use of prescription pain pills without a prescription approximately ten to twelve times from January 1999 through June 2006.

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(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

FOOTNOTES