ISCR Case 14-04293.h1

Case Headnote

ISCR Case No. 14-04293.h1

deniedJul 1, 2014· Hon. Juan J. Rivera· hearing

Summary

A 44-year-old desktop support engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant had a long history of illegal drug use, including marijuana from 1985 into the 1990s, and weekly PCP use from 1985 to 2013. Notably, he continued to illegally purchase and use PCP after being granted a security clearance in 2009.

Further concerns arose from the applicant's deliberate falsification of security clearance applications. He failed to disclose his illegal drug use and multiple DUI arrests (alcohol in the 1990s and 2007, and drugs in January 2010) on both his 2009 and 2011 applications. Financially, the applicant had two child support accounts placed for collection, totaling $2,652 and $4,580, as indicated by his April 2011 credit report.

Despite some demonstration of financial responsibility, the applicant's extensive drug-related misconduct and repeated dishonesty during the clearance process were central to the denial. The decision concluded that he failed to demonstrate sufficient rehabilitation or changed circumstances to mitigate the security concerns.

Why the Applicant Was Denied

The applicant illegally purchased and used drugs from 1985 to 2013, including after being granted a security clearance in 2009.
He falsified his 2009 and 2011 security clearance applications to conceal his drug-related behavior and criminal record.
The applicant failed to demonstrate sufficient rehabilitation or changed circumstances to mitigate the security concerns.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Drug Abuse
AG ¶ 25(c)raisedIllegal Drug Possession
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(d)raisedCredible Adverse Information
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant completed a drug treatment program.
AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Resolve the ProblemThe applicant is current on child support payments and has taken steps to manage his finances.

Key Rule Quoted

“"Security clearance determinations should err, if they must, on the side of denials."”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedOct 23, 2014
Answer filedUndated
Hearing heldApr 7, 2015
Decision dateNot specified

Cite For

Denial Based on Extensive Drug Involvement and Falsification of Security Clearance Applications
Impact of Drug-related Behavior on Security Clearance Eligibility
Importance of Demonstrating Rehabilitation and Honesty 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
2.a	Applicant deliberately failed to disclose his illegal drug-related behavior, and his 1990s and 2007 arrest for DUI—alcohol, on his 2009 SCA. He failed to disclose the same information, and an additional January 2010 arrest for DUI—drugs, on his 2011 SCA.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately failed to disclose his illegal drug-related behavior, and his 1990s and 2007 arrest for DUI—alcohol, on his 2009 SCA. He failed to disclose the same information, and an additional January 2010 arrest for DUI—drugs, on his 2011 SCA.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant’s SOR and his April 2011 credit report indicate he had child support accounts placed for collection in the amounts of $2,652 $2,652	For Applicant	Child Support Debt	Denied	—	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Paid in Full
3.b	Applicant’s SOR and his April 2011 credit report indicate he had child support accounts placed for collection in the amounts of $4,580 $4,580	For Applicant	Child Support Debt	Denied	—	(b) conditions largely beyond the person’s control; acted responsibly	Claimed Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant’s SOR and his April 2011 credit report indicate he had child support accounts placed for collection in the amounts of $2,652

$2,652

For Applicant

Child Support Debt

Denied

—

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Paid in Full

3.b

Applicant’s SOR and his April 2011 credit report indicate he had child support accounts placed for collection in the amounts of $4,580

$4,580

For Applicant

Child Support Debt

Denied

—

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Debt Paid in Full

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant illegally purchased and used phencyclidine (PCP) on at least a weekly basis. He also illegally used marijuana from about 1985 until the 1990s. He illegally used PCP after he was granted a security clearance in 2009.	Against Applicant	Prescription Stimulant MisuseWHILE CLEARED	Regular	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	—	—
1.b–1.e	4 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant illegally purchased and used phencyclidine (PCP) on at least a weekly basis. He also illegally used marijuana from about 1985 until the 1990s. He illegally used PCP after he was granted a security clearance in 2009.

Against Applicant

Prescription Stimulant MisuseWHILE CLEARED

Regular

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

—

1.b–1.e

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

Against Applicant

Unspecified Drug Involvement

Unspecified

—

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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