ISCR Case 09-02958.h1

Case Headnote

ISCR Case No. 09-02958.h1

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

Summary

A 49-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline I (Psychological Conditions). The applicant had a history of cocaine use from 1985 to 2006, including treatment for abuse in 2005 and a diagnosis of cocaine dependence in June 2006. He also used marijuana in 1976.

The applicant was found to have falsified his security clearance applications by failing to disclose the extent of his illegal drug use and his treatment by a mental health professional. He also falsified facts about his drug use during an interview with a security investigator. Additionally, he left a job in September 2006 by mutual agreement after his supervisor deemed his work unsatisfactory. Psychological conditions included a diagnosis of adjustment disorder with depressed mood and cocaine dependence, along with exhibited suicidal thoughts and behavior, including an episode of shooting at a wall after using cocaine.

The judge denied the application, citing the applicant's admitted extensive cocaine use and falsification of information. The applicant's claims of rehabilitation lacked support from medical professionals or a formal support structure. The combination of psychological issues and a history of dishonesty raised significant doubts about his reliability and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to extensive cocaine use and falsified information on his security clearance applications.
The applicant's claims of rehabilitation were not supported by evidence from medical professionals or a formal support structure.
The applicant's psychological issues and history of dishonesty raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(d)raisedDiagnosis of Drug Dependence
AG ¶ 16(a)raisedFalsification of Security Clearance Application
AG ¶ 16(b)raisedProviding False Information to Investigator
AG ¶ 28(a)raisedBehavior Casting Doubt on Judgment

Mitigating

AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
AG ¶ 26(b)(2)appliedChanging Environment Where Drugs Were Used

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)

Procedural Posture

SOR issuedMar 10, 2010
Answer filedMar 29, 2010
Hearing heldMay 12, 2010
Decision dateJul 30, 2010

Cite For

Denial Based on Extensive Drug Use and Lack of Rehabilitation
Falsification of Security Clearance Applications as a Disqualifying Factor
Psychological Conditions Impacting Judgment and Reliability

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	Falsified his security clearance application by failing to disclose the extent of his illegal drug use.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Intentionally failing to disclose his treatment by a mental health professional.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Mental Health	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	Falsifying material facts about the extent of his illegal drug use during his interview with a security investigator.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	Left a job by mutual agreement in September 2006, after his supervisor claimed that his work was not satisfactory.	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.e	Cross-allegation regarding an episode of shooting at a wall after using cocaine, alleged under Guideline I.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Unknown	(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

2.a

Falsified his security clearance application by failing to disclose the extent of his illegal drug use.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

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

(b) deliberately providing false information to an investigator or official

—

2.b

Intentionally failing to disclose his treatment by a mental health professional.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Mental Health

Admitted

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

(b) deliberately providing false information to an investigator or official

—

2.c

Falsifying material facts about the extent of his illegal drug use during his interview with a security investigator.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

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

(b) deliberately providing false information to an investigator or official

—

2.d

Left a job by mutual agreement in September 2006, after his supervisor claimed that his work was not satisfactory.

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.e

Cross-allegation regarding an episode of shooting at a wall after using cocaine, alleged under Guideline I.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Unknown

(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	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana in 1976	Against Applicant	Marijuana	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	used cocaine with varying frequency from 1985 to 2006	Against Applicant	Cocaine	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.c	was treated for cocaine abuse in 2005	Against Applicant	Treatment Failure	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	—	—
1.d	purchased cocaine in 2006	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.e	was diagnosed with cocaine dependence by a medical doctor in June 2006	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

used marijuana in 1976

Against Applicant

Marijuana

Not Applicable

Admitted

(a) any substance misuse

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

—

1.b

used cocaine with varying frequency from 1985 to 2006

Against Applicant

Cocaine

Frequent

Admitted

(a) any substance misuse

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

—

1.c

was treated for cocaine abuse in 2005

Against Applicant

Treatment Failure

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

—

1.d

purchased cocaine in 2006

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

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

—

1.e

was diagnosed with cocaine dependence by a medical doctor in June 2006

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶28)	Mitigating applied (¶29)	Mitigation
3.a	Applicant has a history of psychological conditions, including a diagnosis of adjustment disorder with depressed mood and cocaine dependence, and he has exhibited suicidal thoughts and behavior.	Against Applicant	Suicidal Ideation or Attempt	Denied	(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per… (b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶28)

Mitigating applied (¶29)

Mitigation

3.a

Applicant has a history of psychological conditions, including a diagnosis of adjustment disorder with depressed mood and cocaine dependence, and he has exhibited suicidal thoughts and behavior.

Against Applicant

Suicidal Ideation or Attempt

Denied

(a) behavior that casts doubt on judgment/stability/reliability/trustworthiness, not covered under any other guideline, indicating an emotional/mental/per…

(b) an opinion by a duly qualified mental health professional that the individual has a condition that may impair judgment/stability/reliability/trustwort…

—

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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