ISCR Case 11-00155.h1

Case Headnote

ISCR Case No. 11-00155.h1

grantedJun 8, 2012· Hon. Henry Lazzaro· hearing

Summary

A 53-year-old software engineer was granted a security clearance despite a history of drug use and falsification of security clearance applications, evaluated under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had deliberately provided false answers on security clearance applications in 1994, 1996, and 2004, and gave false information to an investigator in 2005. These actions were linked to his illegal use of marijuana approximately nine times between 1988 and 2003, and unprescribed hydrocodone once in May 2007, all while holding a security clearance.

Between 2008 and 2010, the applicant voluntarily disclosed his recurring use of marijuana and hydrocodone, which effectively revealed his prior falsifications to the Government. This disclosure, made without being confronted with adverse information, was a key factor in mitigating concerns about his reliability and trustworthiness.

The applicant also demonstrated a commitment to future abstinence from drug use, supported by a signed statement of intent. Ultimately, the security clearance was granted, with the voluntary disclosure and demonstrated rehabilitation outweighing the past drug abuse and dishonesty.

Why the Applicant Prevailed

The applicant voluntarily disclosed his past drug use without being confronted with adverse information.
He demonstrated a commitment to abstain from drug use in the future, supported by a signed statement of intent.
The applicant's disclosures mitigated concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

DC 25(a)raisedAny Drug Abuse
DC 25(c)raisedIllegal Drug Possession
DC 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
DC 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
DC 16(b)raisedDeliberately Providing False or Misleading Information

Mitigating

MC 26(a)appliedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to Recur
MC 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
MC 17(a)appliedPrompt, Good-faith Efforts to Correct Omissions or Falsifications
MC 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation

Key Rule Quoted

“The sole purpose of a security clearance decision is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedOct 19, 2011
Answer filedNov 17, 2011
Hearing heldMay 17, 2012
Decision dateJun 8, 2012

Cite For

Mitigation of Drug Involvement Under Guideline H Due to Voluntary Disclosure
Mitigation of Personal Conduct Concerns Through Proactive Measures
Demonstrated Rehabilitation and Intent Not to Abuse Drugs in the Future

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 deliberately provided false answers in security clearance applications he submitted in 1994, 1996, and 2004.	For 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	(a) prompt, good-faith correction before being confronted (e) positive steps to reduce vulnerability to exploitation	—
2.b	In 2005, he provided false information to an investigator during an interview in connection with his application for a security clearance application.	For 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	(a) prompt, good-faith correction before being confronted (e) positive steps to reduce vulnerability to exploitation	—
2.c	Applicant voluntarily disclosed his use of marijuana and hydrocodone sometime between 2008 and 2010, and most likely on a recurring basis.	For Applicant	Omission or Failure to DiscloseSELF-CORRECTED	—	Admitted	—	(a) prompt, good-faith correction before being confronted (e) positive steps to reduce vulnerability to exploitation	—
2.d	By disclosing his use of marijuana and hydrocodone, Applicant effectively notified the Government he had falsified the security clearance applications and statement he had previously submitted.	For Applicant	Falsification Security FormSELF-CORRECTED	—	Admitted	—	(a) prompt, good-faith correction before being confronted (e) positive steps to reduce vulnerability to exploitation	—
2.e	It is troubling that over the course of at least 11 years, Applicant repeatedly submitted false information to the Government about his use of controlled substances, undoubtedly in an effort to protect his employment.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	(a) prompt, good-faith correction before being confronted (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately provided false answers in security clearance applications he submitted in 1994, 1996, and 2004.

For 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

(a) prompt, good-faith correction before being confronted

(e) positive steps to reduce vulnerability to exploitation

—

2.b

In 2005, he provided false information to an investigator during an interview in connection with his application for a security clearance application.

For 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

(a) prompt, good-faith correction before being confronted

(e) positive steps to reduce vulnerability to exploitation

—

2.c

Applicant voluntarily disclosed his use of marijuana and hydrocodone sometime between 2008 and 2010, and most likely on a recurring basis.

For Applicant

Omission or Failure to DiscloseSELF-CORRECTED

—

Admitted

—

(a) prompt, good-faith correction before being confronted

(e) positive steps to reduce vulnerability to exploitation

—

2.d

By disclosing his use of marijuana and hydrocodone, Applicant effectively notified the Government he had falsified the security clearance applications and statement he had previously submitted.

For Applicant

Falsification Security FormSELF-CORRECTED

—

Admitted

—

(a) prompt, good-faith correction before being confronted

(e) positive steps to reduce vulnerability to exploitation

—

2.e

It is troubling that over the course of at least 11 years, Applicant repeatedly submitted false information to the Government about his use of controlled substances, undoubtedly in an effort to protect his employment.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

(a) prompt, good-faith correction before being confronted

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant illegally used marijuana about nine times between 1988 and 2003. He possessed a security clearance when he used marijuana during that time.	For Applicant	MarijuanaWHILE CLEARED	Occasional	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause
1.b	Applicant used hydrocodone that had not been prescribed for him once in May 2007. He possessed a security clearance when he used hydrocodone.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	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	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Documented Signed Intent with Revocation Clause

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant illegally used marijuana about nine times between 1988 and 2003. He possessed a security clearance when he used marijuana during that time.

For Applicant

MarijuanaWHILE CLEARED

Occasional

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

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

1.b

Applicant used hydrocodone that had not been prescribed for him once in May 2007. He possessed a security clearance when he used hydrocodone.

For Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

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

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

Documented

Abstinence Period Documented

Documented

Signed Intent with Revocation Clause

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Case Profile

Summary

Why the Applicant Prevailed

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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES