ISCR Case 12-00046.h1

Case Headnote

ISCR Case No. 12-00046.h1

deniedApr 8, 2013· Hon. Matthew E. Malone· hearing

Summary

A 30-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from extensive illegal drug use and repeated, intentional falsification of information on security clearance applications and during interviews.

The applicant used marijuana from approximately 1995 until December 2009, and cocaine between 2008 and December 2009. Notably, some of this drug use occurred while he held a security clearance. He was administratively separated from the Air Force in October 2006 for misconduct, including drug use. Additionally, he faced legal issues, including a 2007 DUI conviction and a 2008 guilty plea for driving on a suspended license.

The judge found that the applicant intentionally omitted drug use from his August 2000 security clearance application (SF 86) and his March 2010 eQIP, where he misrepresented the extent and types of drugs used. He also made false statements to an investigator in April 2010 regarding his last drug use. These attempts to mislead the government, coupled with his history of drug dependence and failure to demonstrate rehabilitation, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant used illegal drugs from 1995 until at least December 2009, including while holding a security clearance.
The applicant intentionally provided false information about his drug use in his security clearance application and during interviews.
The applicant failed to demonstrate rehabilitation or a commitment to abstain from drug use despite a history of drug dependence.

Conditions Referenced

Disqualifying

H.25.araisedDrug Abuse
H.25.braisedTesting Positive for Illegal Drug Use
H.25.graisedIllegal Drug Use After Being Granted a Security Clearance
E.16.araisedDeliberate Omission or Concealment of Relevant Facts
E.16.braisedDeliberately Providing False or Misleading Information
E.16.craisedCredible Adverse Information in Several Adjudicative Issue Areas

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the requisite judgment, reliability, and trustworthiness of one who will protect the national interests as his or her own.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedAug 31, 2012
Answer filedTimely
Hearing heldJan 17, 2013
Decision dateApr 8, 2013

Cite For

Denial of Security Clearance Due to Extensive Drug Use While Holding a Clearance
Impact of Intentional Falsification of Information on Security Clearance Applications
Consideration of Drug Dependence and Lack of Rehabilitation 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	Applicant intentionally made a false official statement when he omitted his use of drugs from a security clearance application (SF 86) he submitted on August 10, 2000.	For Applicant	Omission or Failure to Disclose	Other	Denied	—	—	—
2.b	In October 2006, he was administratively separated from the United States Air Force for misconduct, including drug use.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	In 2007, Applicant was charged and convicted of driving under the influence of alcohol (DUI).	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	In November 2008, he was charged and pleaded guilty to driving on a suspended driver’s license.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.e	He intentionally made a false official statement when he omitted his use of drugs from his March 2010 Electronic Questionnaire for Investigations Processing (eQIP) when he stated he had used marijuana only between October 2006 and July 2007, and by omitting his use of cocaine through December 2009.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.f	In April 2010, Applicant intentionally made a false official statement when he told an investigator during a subject interview that his last use of marijuana was in July 2009, and that he had not used any other illegal drugs.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(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

2.a

Applicant intentionally made a false official statement when he omitted his use of drugs from a security clearance application (SF 86) he submitted on August 10, 2000.

For Applicant

Omission or Failure to Disclose

Other

Denied

—

2.b

In October 2006, he was administratively separated from the United States Air Force for misconduct, including drug use.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

2.c

In 2007, Applicant was charged and convicted of driving under the influence of alcohol (DUI).

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

2.d

In November 2008, he was charged and pleaded guilty to driving on a suspended driver’s license.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

2.e

He intentionally made a false official statement when he omitted his use of drugs from his March 2010 Electronic Questionnaire for Investigations Processing (eQIP) when he stated he had used marijuana only between October 2006 and July 2007, and by omitting his use of cocaine through December 2009.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

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

—

2.f

In April 2010, Applicant intentionally made a false official statement when he told an investigator during a subject interview that his last use of marijuana was in July 2009, and that he had not used any other illegal drugs.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from about 1995 until December 2009.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Applicant used cocaine between 2008 and December 2009.	Against Applicant	CocaineWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	Applicant used marijuana after being granted a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana from about 1995 until December 2009.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

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

—

1.b

Applicant used cocaine between 2008 and December 2009.

Against Applicant

CocaineWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

—

1.c

Applicant used marijuana after being granted a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

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

—

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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