ISCR Case 08-11944.h1

Case Headnote

ISCR Case No. 08-11944.h1

deniedMay 19, 2011· Hon. LeRoy F. Foreman· hearing

Summary

A 56-year-old engineering technician 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 long history of alcohol and drug-related offenses, including marijuana use from approximately 1970 until at least April 2009, some of which occurred while holding a security clearance. He also had multiple alcohol-related arrests in February 1977, December 1995, and August 2004, and an arrest for marijuana possession and driving on a suspended license.

Despite some mitigating factors for his alcohol and drug use, the denial primarily stemmed from the applicant's pattern of dishonesty. He intentionally falsified answers on his 2008 security clearance application regarding past alcohol and controlled substance offenses. Additionally, he deliberately concealed marijuana use from medical personnel in December 2009.

The applicant's explanations for omitting significant past arrests were found to be inconsistent and not credible. This pattern of dishonesty raised serious concerns about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant intentionally falsified his answers on the security clearance application regarding past drug and alcohol offenses.
The applicant's explanations for omitting significant past arrests were inconsistent and not credible.
The applicant's pattern of dishonesty raised serious concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress

Mitigating

AG ¶ 17(a)rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts
AG ¶ 17(b)appliedThe Refusal or Failure to Cooperate Was Caused or Significantly Contributed to by Improper or Inadequate Advice of Authorized Personnel
AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Executive Order 10865, Safeguarding Classified Information within Industry

Procedural Posture

SOR issuedAug 25, 2010
Answer filedOct 12, 2010
Hearing heldMar 15, 2011rescheduled from March 1, 2011
Decision dateMay 19, 2011

Cite For

Disqualifying Conditions Under Guideline E Related to Personal Conduct and Dishonesty
Mitigating Conditions Regarding Legal Advice and Cooperation in the Security Clearance Process
Evaluation of Credibility and Reliability in Security Clearance Determinations

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	Used marijuana while holding a security clearance.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.b	Purchased, possessed, and used marijuana from about 1970 until at least April 2009.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	Alcohol-related arrest in February 1977.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.d	Alcohol-related arrest in December 1995.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.e	Alcohol-related arrest in August 2004.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.f	Arrest for possession of marijuana and driving on a suspended license.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.g	Falsified answers to question 23 on his 2008 SCA regarding offenses related to alcohol.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.h	Falsified answers to question 24 regarding illegal use of controlled substances.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.i–1.l	4 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant). (low confidence)	Mixed		—		—	—	—
1.m	Deliberately concealed marijuana use from medical personnel in December 2009.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Used marijuana while holding a security clearance.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.b

Purchased, possessed, and used marijuana from about 1970 until at least April 2009.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

Alcohol-related arrest in February 1977.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.d

Alcohol-related arrest in December 1995.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.e

Alcohol-related arrest in August 2004.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.f

Arrest for possession of marijuana and driving on a suspended license.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.g

Falsified answers to question 23 on his 2008 SCA regarding offenses related to alcohol.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.h

Falsified answers to question 24 regarding illegal use of controlled substances.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.i–1.l

4 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant). (low confidence)

Mixed

—

1.m

Deliberately concealed marijuana use from medical personnel in December 2009.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a–2.c	3 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a–2.c

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

For Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	The applicant used marijuana from about 1970 until at least April 2009.	For Applicant	Marijuana	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
3.b	The applicant purchased and possessed marijuana from about 1970 until at least April 2009.	For Applicant	Marijuana	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
3.c	The applicant admitted to using marijuana while holding a security clearance.	For Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

The applicant used marijuana from about 1970 until at least April 2009.

For Applicant

Marijuana

Frequent

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Abstinence Period Documented

3.b

The applicant purchased and possessed marijuana from about 1970 until at least April 2009.

For Applicant

Marijuana

Frequent

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Abstinence Period Documented

3.c

The applicant admitted to using marijuana while holding a security clearance.

For Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	In February 1977, Applicant was charged with misdemeanor drunk driving (DUI).	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program (e) discharge or dismissal from the Armed Forces under less than honorable conditions	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

In February 1977, Applicant was charged with misdemeanor drunk driving (DUI).

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

(e) discharge or dismissal from the Armed Forces under less than honorable conditions

—

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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