ISCR Case 09-02602.h1

Case Headnote

ISCR Case No. 09-02602.h1

deniedJul 1, 2009· Hon. LeRoy F. Foreman· hearing

Summary

A 39-year-old systems engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of marijuana use from 1985 to April 2003, and cocaine use in 1987 and between 1992 and April 2003. He was arrested and pleaded guilty to marijuana possession in 1992, and was convicted of DUI and marijuana possession in January 2003. His eligibility for access to SCI was revoked in May 2004.

A primary concern was the applicant's repeated falsification of security clearance applications. He intentionally failed to fully disclose his drug use in applications submitted in 1996, April 2002, and December 2008, and in responses to interrogatories in July 2009. He also falsified a sworn statement in October 2003 by denying drug involvement during the previous seven years or while holding a clearance, later admitting to this deliberate falsification.

Despite some mitigating factors for drug involvement, the judge found the applicant's lack of candor and dishonesty regarding his drug use and previous clearance revocation to be significant. The applicant's history of substance abuse and deliberate falsification of information on multiple applications led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of substance abuse, including marijuana and cocaine use, which he failed to fully disclose in multiple security clearance applications.
The applicant was found to have deliberately falsified information on his security clearance applications, raising questions about his reliability and trustworthiness.
The applicant's previous clearance was revoked due to derogatory information, including drug involvement and dishonesty.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 20(a)appliedThe Behavior Was Not Recent and the Individual Has Demonstrated a Changed Behavior
AG ¶ 20(b)appliedThe Individual Has Acknowledged the Behavior and Sought Help

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960), as amended and modified.

Procedural Posture

SOR issuedNov 4, 2009
Answer filedDec 1, 2009
Hearing heldApr 13, 2010
Decision dateJul 2, 2010

Cite For

Disqualifying Conditions Related to Personal Conduct Under Guideline E
Falsification of Security Clearance Applications as a Basis for Denial
Mitigating Factors for Drug Involvement Not Sufficient to Overcome Disqualifying Conduct

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 used marijuana with varying frequency from 1985 until April 2003.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.b	Applicant used cocaine once in 1987 and with varying frequency between 1992 and April 2003.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.c	Applicant was arrested in 1992 for possession of marijuana and pleaded guilty.	Against Applicant	Questionable Judgment General	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.d	Applicant falsified a security clearance application in 1996 by intentionally failing to fully disclose the extent of his marijuana and cocaine use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.e	Applicant continued to use marijuana and cocaine after he was granted a security clearance.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.f	Applicant falsified a security clearance application in April 2002 by failing to disclose his marijuana and cocaine use during the preceding seven years and failing to disclose that he used marijuana and cocaine while in possession of a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.g	Applicant falsified a sworn statement in October 2003 by denying any drug involvement during the previous seven years or while in possession of a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.h	Applicant was arrested for DUI and possession of marijuana in January 2003 and was convicted.	For Applicant	Questionable Judgment General	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.i	Applicant admitted deliberate falsification in his sworn statement in October 2003.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.j	Applicant's eligibility for access to SCI was revoked in May 2004.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.k	Applicant falsified a security clearance application in December 2008 and provided false responses to interrogatories in July 2009 by failing to disclose the full extent of his illegal drug use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.l	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant used marijuana with varying frequency from 1985 until April 2003.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.b

Applicant used cocaine once in 1987 and with varying frequency between 1992 and April 2003.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.c

Applicant was arrested in 1992 for possession of marijuana and pleaded guilty.

Against Applicant

Questionable Judgment General

Criminal Conduct

Admitted

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

—

1.d

Applicant falsified a security clearance application in 1996 by intentionally failing to fully disclose the extent of his marijuana and cocaine use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

1.e

Applicant continued to use marijuana and cocaine after he was granted a security clearance.

For Applicant

Questionable Judgment General

—

Admitted

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

—

1.f

Applicant falsified a security clearance application in April 2002 by failing to disclose his marijuana and cocaine use during the preceding seven years and failing to disclose that he used marijuana and cocaine while in possession of a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

1.g

Applicant falsified a sworn statement in October 2003 by denying any drug involvement during the previous seven years or while in possession of a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

1.h

Applicant was arrested for DUI and possession of marijuana in January 2003 and was convicted.

For Applicant

Questionable Judgment General

Criminal Conduct

Admitted

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

—

1.i

Applicant admitted deliberate falsification in his sworn statement in October 2003.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

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

—

1.j

Applicant's eligibility for access to SCI was revoked in May 2004.

For Applicant

Questionable Judgment General

—

Admitted

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

—

1.k

Applicant falsified a security clearance application in December 2008 and provided false responses to interrogatories in July 2009 by failing to disclose the full extent of his illegal drug use.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

1.l

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Drug Involvement

Unspecified

Unknown

—

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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