ISCR Case 14-01751.h1

Case Headnote

ISCR Case No. 14-01751.h1

deniedJan 29, 2015· Hon. Thomas M. Crean· hearing

Summary

A 29-year-old sheet metal worker was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of falsifying information regarding his past illegal drug use and treatment. The applicant repeatedly provided untruthful responses on multiple security clearance forms and to a security investigator, failing to disclose the full extent of his drug history.

Specifically, on his June 9, 2009, e-QIP, the applicant stated he used opiates and cocaine only twice, omitting daily heroin use for at least a year in 2005-2006, and did not disclose 2006 treatment for heroin addiction. Similar omissions occurred on his December 1, 2011, e-QIP, where he admitted to only seven or eight instances of illegal drug use in 2006, again failing to mention daily heroin use.

In January 2012, he informed an investigator of only two instances of opiate or cocaine use in 2005 or 2006, and did not disclose his heroin addiction treatment. Further, on November 12, 2013, interrogatories, he only disclosed Vicodin and cocaine use on two occasions in 2005, omitting heroin and marijuana use, and did not disclose his 2006 counseling and rehabilitation for heroin addiction. The judge found his explanations for these omissions not credible, leading to the denial.

Why the Applicant Was Denied

The applicant provided false and misleading information regarding his drug use history on multiple security clearance applications.
The applicant did not disclose the full extent of his illegal drug use or the treatment he received for drug addiction.
The applicant's explanations for his omissions were not credible and did not mitigate the security concerns.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False and Misleading Information

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not demonstrate prompt efforts to correct the misinformation before being confronted.
AG ¶ 17(b)rejectedFailure to Cooperate Caused by Inadequate AdviceThe applicant's failure to provide accurate information was not significantly contributed to by inadequate advice.

Key Rule Quoted

“The security clearance system depends on the individual providing correct and accurate information.”

Procedural Posture

SOR issuedJul 14, 2014
Answer filedAug 3, 2014
Hearing heldNov 17, 2014
Decision dateJan 29, 2015

Cite For

Issues of Falsification in Security Clearance Applications Under Guideline E
Credibility Assessments in Personal Conduct Cases
The Importance of Full Disclosure in the Security Clearance Process

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
1.a	Applicant falsified his response to an illegal drug use question on his June 9, 2009 e-QIP when he responded that he used opiates and cocaine only two times and did not disclose that he used heroin on a daily basis for at least a year in 2005-2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.b	Applicant falsified his response to a question on the same e-QIP concerning counseling or treatment for use of drugs. He did not disclose that he received treatment for heroin addiction in 2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.c	On his December 1, 2011 e-QIP, Applicant only admitted to using illegal drugs seven or eight times in 2006 and not that he used heroin on a daily basis for at least a year in 2005-2006.	For Applicant	Falsification Security Form	Drug Involvement	Denied	—	—	—
1.d	Applicant falsified information to a security investigator in January 2012 when he disclosed that he used opiates or cocaine only on two occasions in 2005 or 2006, and did not disclose he used heroin on a daily basis for at least a year in approximately 2005-2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.e	Applicant did not disclose his treatment for heroin addiction in 2006.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.f	In response to questions on the November 12, 2013 interrogatories concerning the use of any illegal drug, Applicant disclosed only that he used Vicodin and cocaine on two occasions in 2005 and did not disclose his use of heroin or marijuana.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.g	In response to a question on the same interrogatory, the SOR alleges Applicant falsified his response by not disclosing that he was in a counseling and rehabilitation program in 2006 for heroin addiction.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant falsified his response to an illegal drug use question on his June 9, 2009 e-QIP when he responded that he used opiates and cocaine only two times and did not disclose that he used heroin on a daily basis for at least a year in 2005-2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.b

Applicant falsified his response to a question on the same e-QIP concerning counseling or treatment for use of drugs. He did not disclose that he received treatment for heroin addiction in 2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.c

On his December 1, 2011 e-QIP, Applicant only admitted to using illegal drugs seven or eight times in 2006 and not that he used heroin on a daily basis for at least a year in 2005-2006.

For Applicant

Falsification Security Form

Drug Involvement

Denied

—

1.d

Applicant falsified information to a security investigator in January 2012 when he disclosed that he used opiates or cocaine only on two occasions in 2005 or 2006, and did not disclose he used heroin on a daily basis for at least a year in approximately 2005-2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.e

Applicant did not disclose his treatment for heroin addiction in 2006.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.f

In response to questions on the November 12, 2013 interrogatories concerning the use of any illegal drug, Applicant disclosed only that he used Vicodin and cocaine on two occasions in 2005 and did not disclose his use of heroin or marijuana.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.g

In response to a question on the same interrogatory, the SOR alleges Applicant falsified his response by not disclosing that he was in a counseling and rehabilitation program in 2006 for heroin addiction.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES