ISCR Case 09-00756.h1

Case Headnote

ISCR Case No. 09-00756.h1

deniedJul 1, 2009· Hon. Thomas M. Crean· hearing

Summary

A 46-year-old high school graduate and former security officer was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana from at least 1996 until 2007, and cocaine and marijuana six to ten times from January to March 2007. This drug use occurred while he held a security clearance and was employed as a law enforcement official. He was terminated from his law enforcement position after accidentally discharging his weapon and failing a drug test for marijuana and cocaine, subsequently undergoing drug treatment.

The applicant also provided false information on multiple security clearance applications. On his August 29, 2003 application, he denied all drug use. On his September 3, 2008 application, he disclosed marijuana and cocaine use from January to April 2007 but omitted earlier drug use. These omissions and falsifications raised concerns about his personal conduct, specifically the deliberate concealment of material facts and questionable judgment while holding a position of trust.

The judge found the applicant's recent and frequent drug use, particularly while in a law enforcement role and holding a security clearance, significantly undermined his reliability and trustworthiness. Despite stating an intent to abstain from future drug use, he did not provide sufficient evidence to mitigate the security concerns. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to using marijuana and cocaine frequently and recently, including while holding a security clearance.
He provided false information on his security clearance applications regarding his drug use history.
The applicant failed to demonstrate a clear intent to abstain from drug use in the future, lacking supporting evidence for his claims.

Conditions Referenced

Disqualifying

H 25(a)raisedAny Drug Use
H 25(c)raisedIllegal Drug Possession
H 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
E 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas

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 issuedAug 28, 2009
Answer filedOct 13, 2009Applicant elected to decide on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateMar 26, 2010

Cite For

Denial Based on Recent and Frequent Drug Use While Holding a Security Clearance
Falsification of Information on Security Clearance Applications
Failure to Demonstrate Intent to Abstain From Drug Use in the Future

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 answered "No" in response to questions concerning his drug use on his August 29, 2003 security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	He answered no to questions 27 and 28 asking if in the last seven years or since the age of 16, he ever used a controlled substance while employed as a law enforcement official or while holding a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	On his September 3, 2008, security clearance application, he noted that he used marijuana and cocaine from January 2007 until April 2007, but did not list any previous illegal drug use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	His false answers raise concerns under Personal Conduct Disqualifying Condition (PC DC) AG ¶ 16(a) (the deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history, or similar form used to conduct investigations, to determine security eligibility or trustworthiness).	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.e	The discharge of his weapon after using illegal drugs, his resignation as a law enforcement official after being at a residence that was a known drug distribution point, as well as illegal drug use while holding a security clearance raises PC DC AG ¶ 16(c).	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
2.f	His conduct in using illegal drugs while holding a security clearance, and using drugs while carrying a weapon shows questionable judgment, untrustworthiness, and failure to follow rules and regulations.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant answered "No" in response to questions concerning his drug use on his August 29, 2003 security clearance application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

2.b

He answered no to questions 27 and 28 asking if in the last seven years or since the age of 16, he ever used a controlled substance while employed as a law enforcement official or while holding a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

2.c

On his September 3, 2008, security clearance application, he noted that he used marijuana and cocaine from January 2007 until April 2007, but did not list any previous illegal drug use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

2.d

His false answers raise concerns under Personal Conduct Disqualifying Condition (PC DC) AG ¶ 16(a) (the deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history, or similar form used to conduct investigations, to determine security eligibility or trustworthiness).

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

—

2.e

The discharge of his weapon after using illegal drugs, his resignation as a law enforcement official after being at a residence that was a known drug distribution point, as well as illegal drug use while holding a security clearance raises PC DC AG ¶ 16(c).

Against Applicant

Questionable Judgment General

—

Admitted

—

2.f

His conduct in using illegal drugs while holding a security clearance, and using drugs while carrying a weapon shows questionable judgment, untrustworthiness, and failure to follow rules and regulations.

Against Applicant

Questionable Judgment General

—

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant admitted using marijuana from at least 1996 until 2007.	Against Applicant	MarijuanaWHILE CLEARED	Regular	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.b	The applicant admitted using cocaine and marijuana six to ten times from January to March 2007.	Against Applicant	CocaineWHILE CLEARED	Frequent	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.c	The applicant was terminated after he accidentally discharged his weapon and failed a drug test for marijuana and cocaine.	Against Applicant	Drug Test FailureWHILE CLEAREDRelated Misconduct	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.d	The applicant was referred by his employer to a drug treatment clinic and was treated by a licensed social worker on at least six occasions for drug dependence.	Against Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	The applicant stated he does not intend to use marijuana or cocaine in the future.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.f	The applicant's drug use raises Drug Involvement Disqualifying Conditions.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	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.g	The applicant's use of marijuana and cocaine is therefore recent and frequent.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	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.h	The applicant has not presented sufficient information to overcome the security concern for his use of marijuana and cocaine.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	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.i	The applicant used marijuana and cocaine willingly while holding a security clearance, and while serving in a law enforcement position of trust.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	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	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant admitted using marijuana from at least 1996 until 2007.

Against Applicant

MarijuanaWHILE CLEARED

Regular

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.b

The applicant admitted using cocaine and marijuana six to ten times from January to March 2007.

Against Applicant

CocaineWHILE CLEARED

Frequent

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.c

The applicant was terminated after he accidentally discharged his weapon and failed a drug test for marijuana and cocaine.

Against Applicant

Drug Test FailureWHILE CLEAREDRelated Misconduct

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.d

The applicant was referred by his employer to a drug treatment clinic and was treated by a licensed social worker on at least six occasions for drug dependence.

Against Applicant

Treatment FailureWHILE CLEARED

Not Applicable

Admitted

—

1.e

The applicant stated he does not intend to use marijuana or cocaine in the future.

Against Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Admitted

—

1.f

The applicant's drug use raises Drug Involvement Disqualifying Conditions.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

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.g

The applicant's use of marijuana and cocaine is therefore recent and frequent.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

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.h

The applicant has not presented sufficient information to overcome the security concern for his use of marijuana and cocaine.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

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.i

The applicant used marijuana and cocaine willingly while holding a security clearance, and while serving in a law enforcement position of trust.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

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

—

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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

FORMAL FINDINGS

CONCLUSION