ISCR Case 11-14069.h1

Case Headnote

ISCR Case No. 11-14069.h1

deniedFeb 20, 2014· Hon. Edward W. Loughran· hearing

Summary

A 50-year-old independent contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed a history of marijuana use from 1984 through May 2008, including operating a vehicle under its influence on multiple occasions, and using it while holding a security clearance and having access to sensitive information. The applicant also tested positive for marijuana in 2001 and was diagnosed as marijuana dependent. Additionally, the applicant was cited for deliberate falsification of facts on security questionnaires.

Disqualifying conditions included the applicant's pattern of drug use, continued use despite a security clearance, and intentional misrepresentation on official forms. While mitigating conditions were considered, acknowledging the applicant's efforts toward rehabilitation and abstinence from drug use since 2008, these were ultimately insufficient.

The denial was based on the applicant's extensive history of marijuana use, admitted addiction, and intentional falsification of information on multiple security questionnaires. The judge concluded that this past conduct raised significant doubts about the applicant's reliability and trustworthiness, leading to the denial of the security clearance application.

Why the Applicant Was Denied

The applicant had a long history of marijuana use and admitted to being addicted to it.
He intentionally falsified information on multiple security questionnaires regarding his drug use.
The applicant's past conduct raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

H.25.araisedDrug Abuse
H.25.craisedIllegal Drug Possession
H.25.draisedDiagnosis of Drug Dependence
E.16.araisedFalsification of Relevant Facts

Mitigating

H.26.arejectedBehavior Happened Long AgoThe applicant's long history of drug use and dishonesty continues to cast doubt on his reliability.
H.26.bappliedDemonstrated Intent Not to Abuse Drugs
H.26.dappliedCompletion of Drug Treatment ProgramThe applicant completed a rehabilitation program but did not provide a favorable prognosis.

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 issuedAug 13, 2013
Answer filedNov 1, 2013
Hearing heldFeb 6, 2014
Decision dateFeb 20, 2014

Cite For

Impact of Long-term Drug Use on Security Clearance Eligibility
Significance of Falsifying Security Questionnaires
Consideration of Rehabilitation Efforts in Security Clearance Decisions

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	deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.b–2.c

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana from 1984 through May 2008.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	—	—
1.b	Possessed and used cocaine, LSD, and marijuana.	Against Applicant	Cocaine	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (d) diagnosis of a substance use disorder	—	—
1.c	Operated a motor vehicle while under the influence of marijuana on multiple occasions.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	Used marijuana on multiple occasions while possessing a security clearance, while possessing access to sensitive information, and/or while employed by a U.S. contractor.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	Tested positive for marijuana use in 2001.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—
1.f	Diagnosed by a medical doctor as marijuana dependent.	Against Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(d) diagnosis of a substance use disorder	—	—
1.g	Used illegal drugs after being granted a security clearance.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Denied	—	—	—
1.h	Used illegal drugs while having access to sensitive information.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana from 1984 through May 2008.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

—

1.b

Possessed and used cocaine, LSD, and marijuana.

Against Applicant

Cocaine

Not Applicable

Admitted

(a) any substance misuse

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

(d) diagnosis of a substance use disorder

—

1.c

Operated a motor vehicle while under the influence of marijuana on multiple occasions.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

1.d

Used marijuana on multiple occasions while possessing a security clearance, while possessing access to sensitive information, and/or while employed by a U.S. contractor.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Admitted

—

1.e

Tested positive for marijuana use in 2001.

Against Applicant

Drug Test Failure

Not Applicable

Admitted

(g) expressed intent to continue, or failure to commit to discontinue

—

1.f

Diagnosed by a medical doctor as marijuana dependent.

Against Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(d) diagnosis of a substance use disorder

—

1.g

Used illegal drugs after being granted a security clearance.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Denied

—

1.h

Used illegal drugs while having access to sensitive information.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Denied

—

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