ISCR Case 10-10127.h1

Case Headnote

ISCR Case No. 10-10127.h1

deniedJun 12, 2012· Hon. Wilford H. Ross· hearing

Summary

A 37-year-old defense contractor with a Master's degree was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to a history of illegal drug use, primarily marijuana, from 1993 until September 2008. This included using marijuana after being granted a security clearance in November 2005 and after receiving Special Compartmented Information (SCI) access in July 2008. The applicant also sold small amounts of marijuana during this period.

Furthermore, the applicant made false statements on two security clearance applications, dated February 3, 2005, and May 15, 2008, by denying illegal drug use. In an August 2009 interview, the applicant admitted to falsifying these applications out of fear of discrimination and losing his job. His drug use was only fully disclosed to a government investigator when facing a polygraph examination, after which his SCI access was revoked.

The denial was based on the applicant's admitted illegal drug use, including after obtaining a clearance, and his repeated falsification of information during the clearance process. The judge found insufficient evidence of rehabilitation or a convincing demonstration that the applicant's behavior had changed, leading to a determination of insufficient trustworthiness for a security clearance.

Why the Applicant Was Denied

The applicant admitted to using illegal drugs, including marijuana, from 1993 until September 2008, and continued to use marijuana after being granted a security clearance.
The applicant falsified information on multiple security clearance applications regarding his drug use, demonstrating a lack of candor and trustworthiness.
The applicant failed to convincingly demonstrate that his behavior had changed or that he was unlikely to engage in similar conduct in the future.

Conditions Referenced

Disqualifying

H.25(a)raisedDrug Abuse
H.25(c)raisedIllegal Drug Possession
H.25(g)raisedIllegal Drug Use After Clearance
E.16(a)raisedFalsification of Relevant Facts
E.16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

H.26(a)rejectedBehavior Occurred Long AgoThe applicant's drug use was not infrequent and occurred after obtaining a security clearance.
H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant did not convincingly demonstrate that his intent to abstain from drug use was permanent.
E.17(a)rejectedPrompt Good-faith Efforts to CorrectThe applicant did not come forward with the truth until confronted.
E.17(c)rejectedMinor Offense or Time PassedThe applicant's falsifications were recent and significant.
E.17(d)rejectedAcknowledgment and CounselingThe applicant failed to show that his behavior was unlikely to recur.
E.17(e)appliedPositive Steps to Reduce Vulnerability
E.17(g)appliedCeased Association with Criminal Activity

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedJul 26, 2011
Answer filedAug 23, 2011Initially requested a decision without a hearing.
Hearing heldFeb 15, 2012
Decision dateJun 12, 2012

Cite For

Disqualifying Conditions Under Guideline H for Drug Involvement
Disqualifying Conditions Under Guideline E for Personal Conduct
Importance of Truthfulness in Security Clearance Applications

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	Applicant filled out a Security Clearance Application on February 3, 2005, when he was applying for a job in the defense industry. Section 27 of that application asks Applicant whether, since the age of 16 or in the last seven years, whichever is shorter, he had illegally used any controlled substance, such as marijuana. Applicant answered, “No.” This was a false statement to a relevant question about his drug use, since Applicant had used marijuana from 1993.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	Applicant filled out a second Security Clearance Application on May 15, 2008. Section 27 of that application also asks Applicant whether, since the age of 16 or in the last seven years, whichever is shorter, he had illegally used any controlled substance, such as marijuana. Section 28 of that application asks Applicant whether he had “EVER illegally used a controlled substance . . . while possessing a security clearance?” Applicant answered both questions, “No.” These were false statements to relevant questions about his drug use, particularly since Applicant had used marijuana after he became employed in 2005, and granted a security clearance at the same time.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	Applicant was interviewed by an investigator from the Office of Personnel Management in August 2009. Applicant prepared a signed affidavit, wherein he discussed his “No” response to the questions about drug use: The reason for my “no” response to the drug question is because I did not want to be discriminated against or have any prejudices against me for my past drug activity. I was also fearful of not getting the job which I hold today. In 7/2008 I met with a female investigator representing the Office of Personnel Management and we reviewed my security questionnaire. I told her that I had answered each question truthfully, even though at the time I was ready and willing to discuss my drug use. Regrettably the opportunity did not present itself and I did not bring it up as I was still concerned about losing my job.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	Applicant subsequently told another government investigator of his drug use when he was facing a polygraph examination. It was after that interview his SCI access was revoked.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant filled out a Security Clearance Application on February 3, 2005, when he was applying for a job in the defense industry. Section 27 of that application asks Applicant whether, since the age of 16 or in the last seven years, whichever is shorter, he had illegally used any controlled substance, such as marijuana. Applicant answered, “No.” This was a false statement to a relevant question about his drug use, since Applicant had used marijuana from 1993.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

2.b

Applicant filled out a second Security Clearance Application on May 15, 2008. Section 27 of that application also asks Applicant whether, since the age of 16 or in the last seven years, whichever is shorter, he had illegally used any controlled substance, such as marijuana. Section 28 of that application asks Applicant whether he had “EVER illegally used a controlled substance . . . while possessing a security clearance?” Applicant answered both questions, “No.” These were false statements to relevant questions about his drug use, particularly since Applicant had used marijuana after he became employed in 2005, and granted a security clearance at the same time.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

2.c

Applicant was interviewed by an investigator from the Office of Personnel Management in August 2009. Applicant prepared a signed affidavit, wherein he discussed his “No” response to the questions about drug use: The reason for my “no” response to the drug question is because I did not want to be discriminated against or have any prejudices against me for my past drug activity. I was also fearful of not getting the job which I hold today. In 7/2008 I met with a female investigator representing the Office of Personnel Management and we reviewed my security questionnaire. I told her that I had answered each question truthfully, even though at the time I was ready and willing to discuss my drug use. Regrettably the opportunity did not present itself and I did not bring it up as I was still concerned about losing my job.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

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

—

2.d

Applicant subsequently told another government investigator of his drug use when he was facing a polygraph examination. It was after that interview his SCI access was revoked.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used illegal drugs from about 1993 until September 2008. His primary drug of choice was marijuana, which he used and purchased during this entire period. His usage ranged from once or twice a week in high school, to once or twice a month in college, to once or twice a year near the end. He also sold small amounts of marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	Applicant used marijuana after being granted a security clearance in November 2005 and after being granted Special Compartmented Information (SCI) access in July 2008.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant sold small amounts of marijuana during the period of his drug use.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used illegal drugs from about 1993 until September 2008. His primary drug of choice was marijuana, which he used and purchased during this entire period. His usage ranged from once or twice a week in high school, to once or twice a month in college, to once or twice a year near the end. He also sold small amounts of marijuana.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.b

Applicant used marijuana after being granted a security clearance in November 2005 and after being granted Special Compartmented Information (SCI) access in July 2008.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.c

Applicant sold small amounts of marijuana during the period of his drug use.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

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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