ISCR Case 15-00403.h1

Case Headnote

ISCR Case No. 15-00403.h1

deniedMar 17, 2016· Hon. Jennifer I. Goldstein· hearing

Summary

A 31-year-old unmarried father of two was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of marijuana use from 2002 to 2013, which led to an arrest in February 2009 for possession of marijuana for sale. Although he successfully completed a drug treatment program and resolved his delinquent debts, significant issues remained regarding his candor.

The applicant failed to disclose his marijuana use and related arrest in July 2013 on his security clearance application, specifically in sections concerning police records and illegal drug use. He also omitted several financial delinquencies from his e-QIP. These undisclosed debts included amounts owed to a city for parking tickets, a collection agent for a cellular phone company, a telecommunications company, and a cable company. Additionally, he was delinquent on a child support obligation totaling $2,455.

Despite mitigating factors such as resolving his financial issues and completing drug treatment, the applicant's failure to fully disclose his marijuana use, conviction, and debts on his application raised unmitigated concerns about his personal conduct. He was unable to provide a plausible explanation for these omissions, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to disclose his marijuana use and conviction on his security clearance application.
He was unable to provide a plausible explanation for the omissions on his e-QIP.
Concerns regarding his Personal Conduct were not mitigated despite resolving financial issues.

Conditions Referenced

Disqualifying

E2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
F1.araisedInability or Unwillingness to Satisfy Debts
H1.araisedAny Drug Abuse
J1.araisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

F2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
H2.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
J2.aappliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedAug 1, 2015
Answer filedAug 15, 2015
Hearing heldDec 15, 2015
Decision dateMar 17, 2016

Cite For

Failure to Disclose Relevant Information on Security Clearance Applications Under Guideline E
Impact of Financial Delinquencies on Security Clearance Eligibility Under Guideline F
Consideration of Past Drug Use and Criminal Conduct in Security Clearance Decisions Under Guidelines H and J.

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
4.a	Applicant omitted his marijuana use and marijuana-related arrest on his July 2013 security clearance application in "Section 22: Police Record;" and "Section 23: Illegal Use of Drugs or Drug Activity."	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
4.b	Applicant also failed to disclose his financial delinquencies on his e-QIP.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
4.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant omitted his marijuana use and marijuana-related arrest on his July 2013 security clearance application in "Section 22: Police Record;" and "Section 23: Illegal Use of Drugs or Drug Activity."

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

4.b

Applicant also failed to disclose his financial delinquencies on his e-QIP.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

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

—

4.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant is indebted to a collection agent for the city in which he lives, as alleged in SOR ¶¶ 3.e, 3.g, and 3.i, in the amounts of $479, $351, and $300, respectively. $104	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.b	The debts identified in SOR ¶¶ 3.a through 3.d were owed to a city government for unpaid parking tickets in the total amount of $104. $104	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.c	Applicant was indebted to a collection agent for a cellular phone company in the amount of $419, as alleged in SOR ¶ 3.f. $419	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.d	Applicant was indebted to a telecommunications company in the amount of $336, as alleged in SOR ¶ 3.h. $336	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.e	Applicant was delinquent on his child support obligation in the amount of $2,455. $2,455	For Applicant	Child Support Debt	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
3.f	Applicant was indebted to a cable company on two debts in the amount of $65 and $32, respectively, as alleged in SOR ¶¶ 3.j and 3.k. $97	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant is indebted to a collection agent for the city in which he lives, as alleged in SOR ¶¶ 3.e, 3.g, and 3.i, in the amounts of $479, $351, and $300, respectively.

$104

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.b

The debts identified in SOR ¶¶ 3.a through 3.d were owed to a city government for unpaid parking tickets in the total amount of $104.

$104

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.c

Applicant was indebted to a collection agent for a cellular phone company in the amount of $419, as alleged in SOR ¶ 3.f.

$419

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.d

Applicant was indebted to a telecommunications company in the amount of $336, as alleged in SOR ¶ 3.h.

$336

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.e

Applicant was delinquent on his child support obligation in the amount of $2,455.

$2,455

For Applicant

Child Support Debt

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

3.f

Applicant was indebted to a cable company on two debts in the amount of $65 and $32, respectively, as alleged in SOR ¶¶ 3.j and 3.k.

$97

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Use of marijuana from 2002 to 2013	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Rehabilitation Evidence

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Use of marijuana from 2002 to 2013

For Applicant

Marijuana

Occasional

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

(b) acknowledges involvement; evidence of action; established abstinence

Documented

Rehabilitation Evidence

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleged in the SOR that Applicant should be disqualified from holding a security clearance under the guidelines for Criminal Conduct for his February 12, 2009 arrest for possession of marijuana for sale (as listed in SOR ¶ 2.a).	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Government alleged in the SOR that Applicant should be disqualified from holding a security clearance under the guidelines for Criminal Conduct for his February 12, 2009 arrest for possession of marijuana for sale (as listed in SOR ¶ 2.a).

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Rehabilitation Evidence

Loading case…

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