ISCR Case 00-0719.h1

Case Headnote

ISCR Case No. 00-0719.h1

deniedAug 27, 2001· Hon. Claude R. Heiny II· hearing

Summary

A 35-year-old defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to extensive cocaine use and falsification of her Security Clearance Application. The judge determined the applicant had a long history of cocaine dependence and failed to disclose significant details about her drug use and criminal history, raising serious concerns about her judgment and trustworthiness.

Specifically, the applicant provided untrue answers regarding her police record and illegal drug usage on her application, failing to list a DWI arrest from October 1990 and a November 1994 arrest for bad checks/theft. She also provided false information about the extent of her cocaine use during interviews and in sworn statements, incorrectly stating her use occurred between January 1991 and January 1993, and denying other illegal drug use despite having used marijuana. Furthermore, she failed to disclose inpatient treatment for cocaine dependence, which she claimed to have forgotten, a claim deemed not credible given the extent of her treatment.

These falsifications, which occurred on her application and in two sworn statements, were not isolated incidents, were recent, and were not corrected in good faith. The applicant's lack of candor, particularly her failure to fully disclose her cocaine abuse until questioned, indicated untrustworthiness and posed a serious potential risk to national security. Her claims of rehabilitation and treatment were deemed insufficient to mitigate these concerns.

Why the Applicant Was Denied

The applicant provided false information on her Security Clearance Application regarding her drug use and criminal history.
The applicant's extensive history of cocaine dependence and treatment was not disclosed, undermining her credibility.
The applicant's lack of candor during interviews and in sworn statements indicated untrustworthiness.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses

Key Rule Quoted

“Complete honesty and candor on the part of applicants for access to classified information is essential to make an accurate and meaningful security clearance determination.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedDec 8, 2000
Answer filedDec 26, 2000Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateAug 27, 2001

Cite For

Falsification of Security Clearance Applications Under Guideline E
Impact of Drug Dependence on Security Clearance Eligibility
Importance of Candor 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
1.a	The Applicant provided untrue answers about her police record and illegal drug usage on her Security Clearance Application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
1.a.(1)	The Applicant failed to list her October 1990 DWI arrest on her Security Clearance Application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
1.b	The Applicant failed to list her November 1994 arrest for bad checks/theft on her Security Clearance Application.	For Applicant	Falsification Security Form	Criminal Conduct	Denied	—	—	—
1.b.(1)	The Applicant's failure to disclose her arrest for bad checks does not prove she did so in a deliberate effort to conceal those facts from the government.	For Applicant	Falsification Security Form	—	Denied	—	—	—
1.c	The Applicant provided false information regarding the extent of her cocaine use during her interviews with the DSS.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	—	—	—
1.c (1)	The Applicant denied using any other illegal drugs, which was untrue as she had used marijuana.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	—	—	—
1.d	The Applicant failed to disclose her inpatient treatment for cocaine dependence on her Security Clearance Application.	For Applicant	Falsification Security Form	Other	Denied	—	—	—
1.e	The Applicant provided false information regarding her cocaine use in her sworn statements to the DSS.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
1.e.(1)	The Applicant stated her cocaine use occurred between January 1991 and January 1993, which was false.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
1.e.(2)	The Applicant failed to list her inpatient treatment because she had forgotten about it, which was not credible given the extent of her treatment.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
1.f	The Applicant's falsifications occurred on her Security Clearance Application and in two sworn statements.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	—	—	—
1.f.(1)	The Applicant's omissions of material facts were not caused by improper or inadequate advice of authorized personnel.	Against Applicant	Falsification Security Form	—	Denied	—	—	—
1.f.(2)	The Applicant's omissions were not prompt, good-faith efforts to correct the falsification before being confronted with the facts.	Against Applicant	Falsification Security Form	—	Denied	—	—	—
1.f.(3)	The Applicant's falsifications were not isolated incidents and were recent.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	—	—	—
1.e.(4)	The Applicant's omissions of material facts were not caused by improper or inadequate advice of authorized personnel.	Against Applicant	Falsification Security Form	—	Denied	—	—	—
1.g	The Applicant's lack of candor raises serious concerns about her judgment and trustworthiness.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
1.h	The Applicant's actions pose a serious potential risk to national security.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	—	—	—
1.i	The Applicant's failure to provide the full extent of her cocaine abuse until questioned by the DSS indicates a lack of candor.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
1.j	The Applicant's claims of rehabilitation and treatment were not sufficient to mitigate the concerns raised.	For Applicant	Questionable Judgment General	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The Applicant provided untrue answers about her police record and illegal drug usage on her Security Clearance Application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

1.a.(1)

The Applicant failed to list her October 1990 DWI arrest on her Security Clearance Application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

1.b

The Applicant failed to list her November 1994 arrest for bad checks/theft on her Security Clearance Application.

For Applicant

Falsification Security Form

Criminal Conduct

Denied

—

1.b.(1)

The Applicant's failure to disclose her arrest for bad checks does not prove she did so in a deliberate effort to conceal those facts from the government.

For Applicant

Falsification Security Form

—

Denied

—

1.c

The Applicant provided false information regarding the extent of her cocaine use during her interviews with the DSS.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

—

1.c (1)

The Applicant denied using any other illegal drugs, which was untrue as she had used marijuana.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

—

1.d

The Applicant failed to disclose her inpatient treatment for cocaine dependence on her Security Clearance Application.

For Applicant

Falsification Security Form

Other

Denied

—

1.e

The Applicant provided false information regarding her cocaine use in her sworn statements to the DSS.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

1.e.(1)

The Applicant stated her cocaine use occurred between January 1991 and January 1993, which was false.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

1.e.(2)

The Applicant failed to list her inpatient treatment because she had forgotten about it, which was not credible given the extent of her treatment.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

1.f

The Applicant's falsifications occurred on her Security Clearance Application and in two sworn statements.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

—

1.f.(1)

The Applicant's omissions of material facts were not caused by improper or inadequate advice of authorized personnel.

Against Applicant

Falsification Security Form

—

Denied

—

1.f.(2)

The Applicant's omissions were not prompt, good-faith efforts to correct the falsification before being confronted with the facts.

Against Applicant

Falsification Security Form

—

Denied

—

1.f.(3)

The Applicant's falsifications were not isolated incidents and were recent.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

—

1.e.(4)

The Applicant's omissions of material facts were not caused by improper or inadequate advice of authorized personnel.

Against Applicant

Falsification Security Form

—

Denied

—

1.g

The Applicant's lack of candor raises serious concerns about her judgment and trustworthiness.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

1.h

The Applicant's actions pose a serious potential risk to national security.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

—

1.i

The Applicant's failure to provide the full extent of her cocaine abuse until questioned by the DSS indicates a lack of candor.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

1.j

The Applicant's claims of rehabilitation and treatment were not sufficient to mitigate the concerns raised.

For Applicant

Questionable Judgment General

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2–2.a	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		Conduct No Charge		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2–2.a

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

Against Applicant

Conduct No Charge

—

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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

FORMAL FINDINGS

DECISION

FOOTNOTES

POLICIES

CONCLUSION