ISCR Case 10-03290.h1

Case Headnote

ISCR Case No. 10-03290.h1

deniedMay 24, 2011· Hon. Martin H. Mogul· hearing

Summary

A 35-year-old defense contractor with a history of security clearance was denied a security clearance under Guideline E (Personal Conduct) due to admitted drug use while holding a clearance and falsification of security clearance applications. The applicant admitted to using marijuana in at least May 2006 and Ecstasy in at least December 2004, both after receiving special program access and a Top Secret security clearance. These admissions followed the signing of multiple drug statements. Her special program access with another U.S. Government agency was subsequently revoked in about December 2008 due to this drug use.

The applicant also faced allegations of falsifying material facts on a Security Clearance Application (SCA) executed on July 14, 2009. Specifically, she answered "Yes" to questions about illegal controlled substance use but failed to list her marijuana use in May 2006 and Ecstasy use in December 2004. She also answered "No" to a question about prior clearance denials or revocations, deliberately failing to disclose the December 2008 revocation of her special program access.

During a Subject Interview on February 15, 2010, the applicant stated she used marijuana once in December 2005 but did not disclose her Ecstasy use. The judge found that the applicant's admissions of drug use while holding a security clearance and her failure to disclose this information on multiple SCAs demonstrated a lack of candor and questionable judgment, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana and Ecstasy while holding a security clearance, demonstrating questionable judgment.
The applicant falsified material facts on multiple Security Clearance Applications regarding her drug use and prior clearance revocation.
The applicant's lack of candor and reliability raised significant concerns about her suitability for a security clearance.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Employer, Investigator, or Other Government Representative

Key Rule Quoted

“The Government relies heavily on the honesty and integrity of individuals seeking access to our nation’s secrets.”

Procedural Posture

SOR issuedSep 27, 2010
Answer filedOct 25, 2010
Hearing heldJan 24, 2011
Decision dateMay 24, 2011

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Disqualifying Conditions Related to Personal Conduct and Drug Use
The Importance of Honesty and Integrity in Security Clearance Evaluations Under Guideline E

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	It is alleged in the SOR that Applicant used marijuana in at least May 2006, after she had been granted access to a special program in about August 2003, and after she had signed drug statements on about May 19, 2003, August 14, 2003, and May 17, 2005. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her special program access.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	It is alleged in the SOR that Applicant used marijuana in at least May 2006, after she had been granted a Top Secret security clearance in about September 2004. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her Top Secret security clearance.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	It is alleged in the SOR that Applicant used Ecstacy in at least December 2004, after she had been granted access to a special program in about August 2003, and after she had signed drug statements on about May 19, 2003, and August 14, 2003. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her special program access.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	It is alleged in the SOR that Applicant used Ecstacy in at least December 2004, after she had been granted a Top Secret security clearance in about September 2004. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her Top Secret security clearance.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.e	It is alleged in the SOR that Applicant had her special program access with another United States Government agency revoked in about December 2008 due to the information alleged in 1.a., and 1.c., above. In her RSOR, Applicant admitted this allegation.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.f	It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 23 a of the SCA. asks, 'In the last 7 years, have you illegally used any controlled substance, . . . ?' Applicant answered 'Yes' and listed that she had used marijuana one time in May 2003; whereas she deliberately failed to list that she had used marijuana in at least May 2006 and Ecstacy in at least December 2004, as set forth in subparagraphs 1.a., 1.b., 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had falsified material facts on the SCA by failing to list her marijuana use in May 2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.g	It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 23 b of the SCA. asks, 'Have you EVER illegally used a controlled substance, while possessing a security clearance, . . . or while in a position directly and immediately affecting the public safety?' Applicant answered 'Yes' and listed that she had used marijuana one time on May 2003; whereas she deliberately failed to list that she had used marijuana in at least May 2006 and Ecstacy in at least December 2004, as set forth in subparagraphs 1.a., 1.b., 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had falsified material facts on the SCA by failing to list her marijuana use in May 2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.h	It is alleged in the SOR that in a Subject Interview, on February 15, 2010, Applicant stated to an authorized investigator that she had used marijuana one time in about December 2005, but she deliberately failed to disclose that she used Ecstacy in at least December 2004, as set forth in subparagraphs 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR to an authorized investigator, but she denied that she deliberately failed to disclose material facts.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.i	It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 25 b of the SCA. asks, 'To your knowledge, have you ever had a clearance or access authorization denied, suspended, or revoked; or been disbarred from Government employment?' Applicant answered 'No.' She deliberately failed to disclose that her special program access had been revoked by another United States Government agency in about December 2008, as set forth in subparagraph 1.e., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had deliberately failed to disclose that her special program access with another United States Government agency had been revoked.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

It is alleged in the SOR that Applicant used marijuana in at least May 2006, after she had been granted access to a special program in about August 2003, and after she had signed drug statements on about May 19, 2003, August 14, 2003, and May 17, 2005. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her special program access.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

—

1.b

It is alleged in the SOR that Applicant used marijuana in at least May 2006, after she had been granted a Top Secret security clearance in about September 2004. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her Top Secret security clearance.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

—

1.c

It is alleged in the SOR that Applicant used Ecstacy in at least December 2004, after she had been granted access to a special program in about August 2003, and after she had signed drug statements on about May 19, 2003, and August 14, 2003. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her special program access.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

—

1.d

It is alleged in the SOR that Applicant used Ecstacy in at least December 2004, after she had been granted a Top Secret security clearance in about September 2004. In her RSOR, Applicant admitted this allegation although she was not certain as to the date she received her Top Secret security clearance.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

—

1.e

It is alleged in the SOR that Applicant had her special program access with another United States Government agency revoked in about December 2008 due to the information alleged in 1.a., and 1.c., above. In her RSOR, Applicant admitted this allegation.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

—

1.f

It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 23 a of the SCA. asks, 'In the last 7 years, have you illegally used any controlled substance, . . . ?' Applicant answered 'Yes' and listed that she had used marijuana one time in May 2003; whereas she deliberately failed to list that she had used marijuana in at least May 2006 and Ecstacy in at least December 2004, as set forth in subparagraphs 1.a., 1.b., 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had falsified material facts on the SCA by failing to list her marijuana use in May 2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.g

It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 23 b of the SCA. asks, 'Have you EVER illegally used a controlled substance, while possessing a security clearance, . . . or while in a position directly and immediately affecting the public safety?' Applicant answered 'Yes' and listed that she had used marijuana one time on May 2003; whereas she deliberately failed to list that she had used marijuana in at least May 2006 and Ecstacy in at least December 2004, as set forth in subparagraphs 1.a., 1.b., 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had falsified material facts on the SCA by failing to list her marijuana use in May 2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.h

It is alleged in the SOR that in a Subject Interview, on February 15, 2010, Applicant stated to an authorized investigator that she had used marijuana one time in about December 2005, but she deliberately failed to disclose that she used Ecstacy in at least December 2004, as set forth in subparagraphs 1.c., and 1.d., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR to an authorized investigator, but she denied that she deliberately failed to disclose material facts.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

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

—

1.i

It is alleged in the SOR that Applicant falsified material facts in a Security Clearance Application (SCA) executed by Applicant on July 14, 2009. (Exhibit 1.) Question 25 b of the SCA. asks, 'To your knowledge, have you ever had a clearance or access authorization denied, suspended, or revoked; or been disbarred from Government employment?' Applicant answered 'No.' She deliberately failed to disclose that her special program access had been revoked by another United States Government agency in about December 2008, as set forth in subparagraph 1.e., above. In her RSOR, Applicant admitted that she had given the answer alleged in the SOR, but she denied that she had deliberately failed to disclose that her special program access with another United States Government agency had been revoked.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

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

—

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