ISCR Case 14-05126.h1

Case Headnote

ISCR Case No. 14-05126.h1

deniedMar 28, 2016· Hon. Juan J. Rivera· hearing

Summary

A 28-year-old federal contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's illegal use of marijuana from 2006 to April 2010, and cocaine approximately 10 times between October 2007 and April 2010. Additionally, the applicant was arrested and charged with felony possession of marijuana with intent to distribute in 2008.

A key issue was the applicant's failure to fully disclose the extent of his illegal drug use in his 2009 security clearance application (SCA), specifically omitting marijuana use up to at least May 2009 and cocaine use during the preceding seven years. This falsification raised significant personal conduct concerns.

Despite some evidence of rehabilitation and a period of abstinence, the applicant's refusal to answer questions during cross-examination was a critical factor in the denial. The adjudicator concluded that the applicant failed to provide sufficient evidence to mitigate personal conduct concerns, and his lack of cooperation raised questions about his judgment and reliability. Furthermore, his illegal drug use after being granted a security clearance was seen as a violation of trust.

Why the Applicant Was Denied

Applicant failed to provide sufficient evidence to mitigate personal conduct security concerns.
Applicant's refusal to cooperate during cross-examination raised questions about his judgment and reliability.
Applicant's illegal drug use after being granted a security clearance violated the trust placed in him by the Government.

Conditions Referenced

Disqualifying

H.24(a)raisedDrug Abuse
H.24(g)raisedIllegal Drug Use After Clearance
E.16(a)raisedFalsification of Security Questionnaire
E.16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

H.26(a)rejectedBehavior Occurred Long AgoWhile the applicant's drug use was not recent, it did not fully mitigate the concerns due to the timing of use after obtaining a clearance.
H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsAlthough the applicant expressed intent to abstain from drugs, his refusal to cooperate undermined this claim.
E.17(c)rejectedMinor Offense or Time PassedThe applicant's past drug use and failure to disclose it were significant enough to raise concerns about his reliability.

Key Rule Quoted

“"Security clearance determinations should err, if they must, on the side of denials."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedDec 16, 2014
Answer filedOct 5, 2015
Hearing heldJan 28, 2016Applicant testified and submitted no exhibits.
Decision dateMar 28, 2016

Cite For

Denial of Clearance Due to Refusal to Cooperate Under Guideline E
Impact of Illegal Drug Use on Security Clearance Eligibility Under Guideline H
Importance of Full Disclosure in Security Clearance Applications

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	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	Applicant falsified his 2009 SCA when he deliberately failed to disclose the full extent of his illegal drug use. Specifically, that Applicant failed to disclose his use of marijuana up to at least May 2009, and his use of cocaine during the preceding seven-year period.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Admitted

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.b

Applicant falsified his 2009 SCA when he deliberately failed to disclose the full extent of his illegal drug use. Specifically, that Applicant failed to disclose his use of marijuana up to at least May 2009, and his use of cocaine during the preceding seven-year period.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

(e) personal conduct or concealment creating vulnerability to exploitation

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant illegally used marijuana with varying frequency between 2006 and April 2010.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	The applicant illegally used cocaine approximately 10 times between October 2007 and April 2010.	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.c	The applicant was arrested and charged with possession of marijuana with intent to distribute, a felony, in 2008.	Against Applicant	Drug Distribution or DealingWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.d	The applicant failed to disclose the full extent of his illegal drug use in his June 2009 SCA.	Against Applicant	Unspecified Drug InvolvementWHILE CLEAREDRelated Misconduct	Not Applicable	Admitted	(a) any substance misuse (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

The applicant illegally used marijuana with varying frequency between 2006 and April 2010.

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

(a) any substance misuse

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

—

1.b

The applicant illegally used cocaine approximately 10 times between October 2007 and April 2010.

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

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

—

1.c

The applicant was arrested and charged with possession of marijuana with intent to distribute, a felony, in 2008.

Against Applicant

Drug Distribution or DealingWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

(a) any substance misuse

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

—

1.d

The applicant failed to disclose the full extent of his illegal drug use in his June 2009 SCA.

Against Applicant

Unspecified Drug InvolvementWHILE CLEAREDRelated Misconduct

Not Applicable

Admitted

(a) any substance misuse

(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