ISCR Case 12-07214.h1

Case Headnote

ISCR Case No. 12-07214.h1

deniedJun 28, 2013· Hon. Arthur E. Marshall, Jr.· hearing

Summary

A 52-year-old engineer with a prior security clearance was denied a new clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to misusing prescription medications, specifically taking his wife's pain medication without her knowledge on multiple occasions between February 2008 and February 2011, sometimes to achieve a "high" when combined with alcohol. Additionally, from 2010 to July 2011, he took Adderall in excess of his prescribed dosage to enhance focus.

The primary issue was the applicant's failure to disclose this drug misuse on security clearance applications in July 2010 and March 2011, during a July 2011 polygraph examination, and explicitly in a May 2012 interview. These omissions raised disqualifying conditions related to deliberate concealment of facts and providing false or misleading information.

While the applicant presented some mitigating factors, the judge ultimately found that his lack of candor and incomplete answers during the investigative process, particularly in the May 2012 interview, demonstrated a lack of reliability and judgment. Consequently, the security clearance application was denied.

Why the Applicant Was Denied

The applicant failed to disclose his abuse of prescription medications on multiple occasions during the security clearance process.
The applicant's incomplete answers during the May 2012 interview indicated a lack of candor and reliability.
The applicant's failure to fully understand the implications of his drug use raised concerns about his judgment.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)(3)appliedAn Appropriate Period of Abstinence
AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedOct 12, 2012
Answer filedDec 10, 2012
Hearing heldFeb 7, 2013
Decision dateJun 28, 2013

Cite For

Failure to Disclose Prescription Drug Abuse on Security Clearance Applications
Lack of Candor During the Security Clearance Process
Impact of Personal Conduct on Security Clearance Eligibility

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	In July 2010 and in March 2011, Applicant failed to disclose the fact he had abused his wife’s pain medication on multiple occasions between February 2008 and February 2011, and that he had manipulated the dosage of his Adderall prescription on multiple occasions between 2010 and July 2011.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	He failed to disclose that same information during a July 2011 polygraph examination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	In May 2012, he failed to explicitly disclose this drug abuse in an interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	If these failures were deliberate or meant to mislead or obfuscate relevant facts during the investigative process, Personal Conduct Disqualifying Conditions AG ¶ 16(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) and AG ¶ 16(b) (deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative) would apply.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In July 2010 and in March 2011, Applicant failed to disclose the fact he had abused his wife’s pain medication on multiple occasions between February 2008 and February 2011, and that he had manipulated the dosage of his Adderall prescription on multiple occasions between 2010 and July 2011.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

—

2.b

He failed to disclose that same information during a July 2011 polygraph examination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.c

In May 2012, he failed to explicitly disclose this drug abuse in an interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

—

2.d

If these failures were deliberate or meant to mislead or obfuscate relevant facts during the investigative process, Personal Conduct Disqualifying Conditions AG ¶ 16(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) and AG ¶ 16(b) (deliberately providing false or misleading information concerning relevant facts to an employer, investigator, security official, competent medical authority, or other official government representative) would apply.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

(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	From about February 2008 through February 2011, Applicant took his wife’s prescription pain medication on at least six to eight occasions. He did so without her knowledge. On one or two occasions he used her drugs for pain caused by shoveling snow. The rest of the time he used them with alcohol to achieve a relaxing “high.”	For Applicant	Prescription Opioid Misuse	Occasional	Admitted	(a) any substance misuse (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	Credited Abstinence Period Documented Credited Rehabilitation Evidence
1.b	from some time in 2010 through July 2011, he took additional Adderall above his prescribed dosage in order to help him stay focused.	For Applicant	Prescription Stimulant Misuse	Frequent	Admitted	(a) any substance misuse (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	Credited Abstinence Period Documented Credited Rehabilitation Evidence

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

From about February 2008 through February 2011, Applicant took his wife’s prescription pain medication on at least six to eight occasions. He did so without her knowledge. On one or two occasions he used her drugs for pain caused by shoveling snow. The rest of the time he used them with alcohol to achieve a relaxing “high.”

For Applicant

Prescription Opioid Misuse

Occasional

Admitted

(a) any substance misuse

(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

Credited

Abstinence Period Documented

Credited

Rehabilitation Evidence

1.b

from some time in 2010 through July 2011, he took additional Adderall above his prescribed dosage in order to help him stay focused.

For Applicant

Prescription Stimulant Misuse

Frequent

Admitted

(a) any substance misuse

(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

Credited

Abstinence Period Documented

Credited

Rehabilitation Evidence

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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