ISCR Case 12-12003.h1

Case Headnote

ISCR Case No. 12-12003.h1

deniedJul 1, 2012· Hon. LeRoy F. Foreman· hearing

Summary

A 30-year-old naval designer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana from April 2000 to June 2004 and again from November 2009 to at least December 2011, including after being granted a security clearance in February 2006. Additionally, the applicant was arrested in October 2011, charged with DWI and marijuana possession, and subsequently convicted of DWI, receiving a six-month sentence with five months and twenty days suspended, a 12-month license suspension, and a fine. The marijuana possession charge was disposed of by nolle prosequi.

A key issue was the applicant's candor on his October 2004 Security Clearance Application (SCA). The Statement of Reasons alleged he falsified the SCA by stating he used marijuana only once in April 2000, deliberately failing to disclose his more extensive use from April 2000 to June 2004.

While the judge found some mitigating factors regarding the drug involvement, the applicant admitted to falsifying his security clearance application concerning his marijuana use. This lack of candor established disqualifying conditions under Guideline E, raising significant questions about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to falsifying his security clearance application regarding marijuana use.
The judge found that the applicant's conduct raised questions about his reliability and trustworthiness.
The applicant's admissions and evidence established disqualifying conditions under Guideline E.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
AG ¶ 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Any Drugs in the Future

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”

Procedural Posture

SOR issuedMar 13, 2014
Answer filedApr 10, 2014
Hearing heldSep 9, 2014
Decision dateOct 10, 2014

Cite For

Falsification of Security Clearance Applications Under Guideline E
Mitigating Factors for Drug Involvement Under Guideline H
The Significance of Credible Adverse Information in Security Clearance Determinations.

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	The SOR cross-alleges the Guideline H allegations. It also alleges that Applicant falsified his October 2004 SCA by stating that he used marijuana once in April 2000 and deliberately failing to disclose his marijuana use from April 2000 to June 2004 as alleged in SOR ¶ 1.a.	For Applicant	Falsification Security Form	Other	Admitted	—	—	—
2.b	It also alleges that Applicant falsified his October 2004 SCA by stating that he used marijuana once in April 2000 and deliberately failing to disclose his marijuana use from April 2000 to June 2004 as alleged in SOR ¶ 1.a.	Against Applicant	Omission or Failure to DiscloseFOUND 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

The SOR cross-alleges the Guideline H allegations. It also alleges that Applicant falsified his October 2004 SCA by stating that he used marijuana once in April 2000 and deliberately failing to disclose his marijuana use from April 2000 to June 2004 as alleged in SOR ¶ 1.a.

For Applicant

Falsification Security Form

Other

Admitted

—

2.b

It also alleges that Applicant falsified his October 2004 SCA by stating that he used marijuana once in April 2000 and deliberately failing to disclose his marijuana use from April 2000 to June 2004 as alleged in SOR ¶ 1.a.

Against Applicant

Omission or Failure to DiscloseFOUND 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	The SOR alleges that Applicant used marijuana, with varying frequency, from about April 2000 to June 2004 and from November 2009 to at least December 2011	For Applicant	Marijuana	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	that he used marijuana after he was granted a security clearance in about February 2006	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	(g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	that he was arrested in October 2011 and charged with DWI and possession of marijuana; that he was convicted of DWI and sentenced to incarceration for 6 months, with 5 months and 20 days suspended, suspension of his driver’s license for 12 months, and a fine; and that the marijuana charged was disposed of by nolle prosequi	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The SOR alleges that Applicant used marijuana, with varying frequency, from about April 2000 to June 2004 and from November 2009 to at least December 2011

For Applicant

Marijuana

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

that he used marijuana after he was granted a security clearance in about February 2006

For Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

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

—

1.c

that he was arrested in October 2011 and charged with DWI and possession of marijuana; that he was convicted of DWI and sentenced to incarceration for 6 months, with 5 months and 20 days suspended, suspension of his driver’s license for 12 months, and a fine; and that the marijuana charged was disposed of by nolle prosequi

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

(a) any substance misuse

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

—

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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