ISCR Case 09-02712.h1

Case Headnote

ISCR Case No. 09-02712.h1

deniedJul 1, 2009· Hon. Robert Robinson Gales· hearing

Summary

A 64-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant admitted to using marijuana on multiple occasions while holding a security clearance with access to SCI, which violated both legal statutes and organizational policy. Furthermore, she deliberately failed to disclose this drug use on her security clearance application, answering "no" to questions about illegal controlled substance use since age 16 or within the last seven years.

Regarding financial considerations, the applicant filed for Chapter 7 bankruptcy, citing $223,950 in assets and $132,030 in liabilities, including a medical bill and ten credit cards. Her liabilities were discharged in July 2008. While mitigating factors were considered for her financial situation, the primary reasons for denial centered on her drug involvement and personal conduct.

The denial was based on the applicant's admitted marijuana use while holding a clearance, her deliberate failure to disclose this on security forms, and inconsistent statements about the frequency and duration of her drug use. These factors raised significant doubts about her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a security clearance, violating both legal and organizational policies.
Inconsistent statements regarding the frequency and duration of her drug use raised doubts about her reliability and trustworthiness.
The applicant's failure to disclose her drug use on her security clearance application was deemed deliberate.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted

Mitigating

AG ¶ 26(a)rejectedBehavior Occurred Long AgoThe applicant's drug use continued until at least 2006, raising concerns about its recurrence.
AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's vague explanations and inconsistent statements did not sufficiently demonstrate intent to avoid future drug use.
AG ¶ 26(d)notedCompletion of Drug Treatment Program

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMar 15, 2010
Answer filedMar 19, 2010Applicant elected to have her case decided on the written record.
Hearing held—No hearing was held; decision based on written record.
Decision dateMar 3, 2011

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Impact of Inconsistent Statements on Credibility in Security Clearance Cases
Consideration of Personal Conduct Under Guideline E 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	Applicant deliberately failed to disclose information when she answered 'no' in response to the following questions: Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance, for example, marijuana, cocaine, crack cocaine, hashish, narcotics (opium, codeine, heroin, etc.), amphetamines, depressants (barbiturates, methaqualone, tranquilizers, etc.), hallucinogenics (LSD, PCP, etc.), or prescription drugs?	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (g) association with persons involved in criminal activity	—	—
1.b	Applicant failed to comply with both the prohibition of drug use and the requirement that any such use be reported.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (g) association with persons involved in criminal activity	—	—
1.c	Applicant used marijuana on a variety of occasions while holding a security clearance with access to SCI granted by another Government agency.	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 (g) association with persons involved in criminal activity	—	—
1.d	Applicant's possession of marijuana violated the law and her marijuana possession and use violated organizational policy.	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 (g) association with persons involved in criminal activity	—	—
1.e	Applicant admitted her response was deliberate regarding her drug use on the security forms.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (g) association with persons involved in criminal activity	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant deliberately failed to disclose information when she answered 'no' in response to the following questions: Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance, for example, marijuana, cocaine, crack cocaine, hashish, narcotics (opium, codeine, heroin, etc.), amphetamines, depressants (barbiturates, methaqualone, tranquilizers, etc.), hallucinogenics (LSD, PCP, etc.), or prescription drugs?

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(g) association with persons involved in criminal activity

—

1.b

Applicant failed to comply with both the prohibition of drug use and the requirement that any such use be reported.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

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

(g) association with persons involved in criminal activity

—

1.c

Applicant used marijuana on a variety of occasions while holding a security clearance with access to SCI granted by another Government agency.

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

(g) association with persons involved in criminal activity

—

1.d

Applicant's possession of marijuana violated the law and her marijuana possession and use violated organizational policy.

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

(g) association with persons involved in criminal activity

—

1.e

Applicant admitted her response was deliberate regarding her drug use on the security forms.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(g) association with persons involved in criminal activity

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant filed a voluntary petition for bankruptcy under the provisions of Chapter 7 of the U.S. Bankruptcy Code. She cited $223,950 in assets and $132,030 in liabilities. Among her assets was $139,000 in real property. Among her liabilities were one $180 medical bill and ten credit cards. Applicant’s liabilities were discharged on July 22, 2008.	Withdrawn	Bankruptcy Filing	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant filed a voluntary petition for bankruptcy under the provisions of Chapter 7 of the U.S. Bankruptcy Code. She cited $223,950 in assets and $132,030 in liabilities. Among her assets was $139,000 in real property. Among her liabilities were one $180 medical bill and ten credit cards. Applicant’s liabilities were discharged on July 22, 2008.

Withdrawn

Bankruptcy Filing

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana on a variety of occasions while holding a security clearance with access to SCI granted by another Government agency.	For Applicant	MarijuanaWHILE 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	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant used marijuana on a variety of occasions while holding a security clearance with access to SCI granted by another Government agency.

For Applicant

MarijuanaWHILE 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

—

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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES