ISCR Case 09-02395.h1

Case Headnote

ISCR Case No. 09-02395.h1

deniedJun 21, 2010· Hon. Darlene Lokey Anderson· hearing

Summary

A 60-year-old Aerospace Engineering Manager was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of alcohol and drug abuse, false statements on security clearance applications, and criminal conduct. The judge determined that the applicant's long-standing substance abuse and dishonesty presented significant security risks that outweighed any mitigating factors.

The applicant's history included multiple instances of providing false information on security clearance applications. In April 2004, he falsely denied illegal controlled substance use. In June 2008, he admitted to marijuana use from 1966 to 2006 but failed to disclose use until 2008. He also falsely denied using controlled substances while holding a security clearance or in a public safety position. Furthermore, a December 2008 sworn affidavit partially disclosed marijuana use but omitted use until July 2008. The applicant contended any mistakes on the 2008 application were unintentional.

Additional concerns included a history of alcohol abuse, with multiple alcohol-related incidents and a diagnosis of alcohol dependence. The applicant also admitted to extensive illegal drug use from 1966 to 2008, including marijuana, cocaine, thai sticks, heroin, speed, and LSD, some of which occurred while holding a security clearance. These actions, including intentionally providing false information on a 2004 application, were considered criminal conduct.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including multiple arrests for alcohol-related incidents.
The applicant admitted to using illegal drugs while holding a security clearance and working for a defense contractor.
The applicant provided false information on security clearance applications, demonstrating a lack of candor and trustworthiness.

Conditions Referenced

Disqualifying

G22(a)raisedAlcohol-related Incidents Away From Work
G22(c)raisedHabitual or Binge Consumption of Alcohol
G22(d)raisedDiagnosis of Alcohol Abuse or Dependence
H25(a)raisedAny Drug Abuse
H25(c)raisedIllegal Drug Possession
E16(a)raisedDeliberate Omission or Falsification of Relevant Facts
J31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
J31(c)raisedAllegation or Admission of Criminal Conduct

Key Rule Quoted

“The adjudicative process is the careful weighing of a number of variables known as the whole-person concept.”

Procedural Posture

SOR issuedAug 31, 2009
Answer filedSep 14, 2009
Hearing heldMar 2, 2010
Decision dateJun 21, 2010

Cite For

Denial of Security Clearance Due to Long-term Alcohol Abuse and Drug Involvement
Impact of False Statements on Security Clearance Applications
Significance of Personal Conduct 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
3.a	The Applicant completed a security clearance application dated April 9, 2004. Question 27 of the application asked him if, since the age of 16 or in the last 7 years, whichever is shorter, had he illegally used any controlled substance. The Applicant responded, “NO.” This was a false answer.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
3.b	The Applicant completed another security clearance application dated June 12, 2008. Question 24(a) of this application, known as an Electronic Questionnaire for Investigations Processing (e-QIP), asked the Applicant if since the age of 16 or in the last 7 years, whichever is shorter, had he illegally used any controlled substance. The Applicant answered, “YES,” and listed marijuana use from about January 1966 to November 2006. He failed to list his marijuana use until 2008.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
3.c	Question 24(b), of the same questionnaire asked him if he ever illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance or while in a position directly and immediately affecting the public safety. The Applicant answered, “NO.” This was a false answer.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
3.d	On December 10, 2008, the Applicant provided a signed sworn affidavit to an authorized investigator of the Department of Defense, wherein he stated that he used marijuana from January 1966 to November 2006. This information was partially true, but not entirely true. The Applicant failed to disclose that he used marijuana until July 2008.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
3.e	The Applicant contends that when he filled out the 2008 security clearance application, he must have made a mistake that was not deliberate on his part.	Against Applicant	Unspecified Personal Conduct	—	Denied with Explanation	—	—	Claimed Other
3.f	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The Applicant completed a security clearance application dated April 9, 2004. Question 27 of the application asked him if, since the age of 16 or in the last 7 years, whichever is shorter, had he illegally used any controlled substance. The Applicant responded, “NO.” This was a false answer.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

3.b

The Applicant completed another security clearance application dated June 12, 2008. Question 24(a) of this application, known as an Electronic Questionnaire for Investigations Processing (e-QIP), asked the Applicant if since the age of 16 or in the last 7 years, whichever is shorter, had he illegally used any controlled substance. The Applicant answered, “YES,” and listed marijuana use from about January 1966 to November 2006. He failed to list his marijuana use until 2008.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

3.c

Question 24(b), of the same questionnaire asked him if he ever illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance or while in a position directly and immediately affecting the public safety. The Applicant answered, “NO.” This was a false answer.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

3.d

On December 10, 2008, the Applicant provided a signed sworn affidavit to an authorized investigator of the Department of Defense, wherein he stated that he used marijuana from January 1966 to November 2006. This information was partially true, but not entirely true. The Applicant failed to disclose that he used marijuana until July 2008.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

3.e

The Applicant contends that when he filled out the 2008 security clearance application, he must have made a mistake that was not deliberate on his part.

Against Applicant

Unspecified Personal Conduct

—

Denied with Explanation

—

Claimed

Other

3.f

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.b	Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.c	Diagnosis by a duly qualified medical professional (e.g. physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.d	Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.	For Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.e	Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.	Against Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.f	Failure to complete or comply with treatment/aftercare.	Against Applicant	Treatment Non Compliance	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.g	Any other incidents of concern related to alcohol consumption.	Against Applicant	Unspecified Alcohol Incident	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment (d) diagnosis of alcohol use disorder by a qualified professional (e) failure to follow treatment advice once diagnosed (f) alcohol consumption after a diagnosis, contrary to treatment	—	—
1.h	specific text not stated in this decision	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.b

Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.c

Diagnosis by a duly qualified medical professional (e.g. physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.d

Relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program.

For Applicant

Continued Use After Treatment

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.e

Evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program.

Against Applicant

Treatment Non Compliance

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.f

Failure to complete or comply with treatment/aftercare.

Against Applicant

Treatment Non Compliance

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.g

Any other incidents of concern related to alcohol consumption.

Against Applicant

Unspecified Alcohol Incident

Unknown

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

(d) diagnosis of alcohol use disorder by a qualified professional

(e) failure to follow treatment advice once diagnosed

(f) alcohol consumption after a diagnosis, contrary to treatment

—

1.h

specific text not stated in this decision

Against Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The Applicant has used a variety of illegal drugs, discussed below, between January 1966 and July 2008.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse	—	—
2.b	The Applicant used marijuana from about January 1966 to July 2008, very sporadically.	Against Applicant	MarijuanaWHILE CLEARED	Experimental	Admitted	(a) any substance misuse	—	—
2.c	At times, he contributed to the purchase of marijuana.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
2.d	He used cocaine, mostly on the weekends, from 1978 to 1982, at varying frequencies.	Against Applicant	Cocaine	Occasional	Admitted	(a) any substance misuse	—	—
2.e	He used thai sticks in about 1973, and purchased thai sticks.	Against Applicant	Marijuana	Experimental	Admitted	(a) any substance misuse	—	—
2.f	He used heroin several times during for a one year period.	Against Applicant	Heroin	Experimental	Admitted	(a) any substance misuse	—	—
2.g	He used speed about ten times from 1970 to at least 1972 and also purchased speed.	Against Applicant	Methamphetamine	Experimental	Admitted	(a) any substance misuse	—	—
2.h	He used LSD with varying frequencies from about 1970 to at least 1972.	Against Applicant	LSD	Frequent	Admitted	(a) any substance misuse	—	—
2.i–2.p	8 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The Applicant has used a variety of illegal drugs, discussed below, between January 1966 and July 2008.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

—

2.b

The Applicant used marijuana from about January 1966 to July 2008, very sporadically.

Against Applicant

MarijuanaWHILE CLEARED

Experimental

Admitted

(a) any substance misuse

—

2.c

At times, he contributed to the purchase of marijuana.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

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

—

2.d

He used cocaine, mostly on the weekends, from 1978 to 1982, at varying frequencies.

Against Applicant

Cocaine

Occasional

Admitted

(a) any substance misuse

—

2.e

He used thai sticks in about 1973, and purchased thai sticks.

Against Applicant

Marijuana

Experimental

Admitted

(a) any substance misuse

—

2.f

He used heroin several times during for a one year period.

Against Applicant

Heroin

Experimental

Admitted

(a) any substance misuse

—

2.g

He used speed about ten times from 1970 to at least 1972 and also purchased speed.

Against Applicant

Methamphetamine

Experimental

Admitted

(a) any substance misuse

—

2.h

He used LSD with varying frequencies from about 1970 to at least 1972.

Against Applicant

LSD

Frequent

Admitted

(a) any substance misuse

—

2.i–2.p

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

Against Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Government alleges that the Applicant is ineligible for clearance because he has engaged in criminal conduct.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	By intentionally provided false information on his 2004 security clearance application, the Applicant violated Title 18, United States Code, a felony.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c–1.h	6 sub-charges — specific text not stated in this decision (4 against, 1 for the applicant). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he has engaged in criminal conduct.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.b

By intentionally provided false information on his 2004 security clearance application, the Applicant violated Title 18, United States Code, a felony.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.c–1.h

6 sub-charges — specific text not stated in this decision (4 against, 1 for the applicant). (low confidence)

Mixed

—

Loading case…

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

CONCLUSION

FORMAL FINDINGS

DECISION