ISCR Case 01-12737.h1

Case Headnote

ISCR Case No. 01-12737.h1

deniedApr 12, 2002· Hon. Roger C. Wesley· hearing

Summary

A 39-year-old systems integrator, employed by a defense contractor, was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the applicant's recurrent illicit substance use, alcohol-related arrests, and the falsification of his security clearance application (SF-86).

Specifically, the applicant omitted two alcohol-related arrests from 1980 and 1984, his cocaine use from late 1992 to at least December 1993, and a positive cocaine test from an employment-related urinalysis. He also failed to disclose a diagnosis of cocaine addiction and alcohol abuse, along with inpatient treatment in January 1994. Furthermore, the applicant concealed his past illegal drug use during a March 2000 interview with a Defense Security Service (DSS) agent, leading to an allegation of criminal conduct under 18 U.S.C. Sec. 1001.

Despite some evidence of rehabilitation, the judge determined that the applicant's omissions were deliberate and material. The applicant's explanations for these omissions were deemed insufficient to mitigate concerns about his judgment and reliability, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant falsified his SF-86 by omitting two alcohol-related arrests and prior drug use.
He failed to correct his omissions during a DSS interview when given the opportunity.
The judge found that the applicant's explanations for his omissions did not mitigate the concerns regarding his judgment and reliability.

Conditions Referenced

Disqualifying

DC 2raisedDeliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts
DC 3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters

Mitigating

MC 2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyThe applicant failed to correct his omissions during the first DSS interview.
MC 3rejectedThe Individual Made Prompt, Good Faith Efforts to Correct the Falsification Before Being Confronted with the FactsThe applicant did not disclose the omitted information until a later interview.

Key Rule Quoted

“"The Government can prove applicant engagement in criminal conduct, even in the absence of a criminal conviction."”
— ISCR Case No. 94-1213 (June 7, 1996)

Procedural Posture

SOR issuedDec 26, 2001
Answer filedJan 22, 2002
Hearing heldMar 7, 2002
Decision dateApr 12, 2002

Cite For

Falsification of Security Clearance Applications Under Guideline E
Impact of Deliberate Omissions on Security Clearance Eligibility
Consideration of Rehabilitation in the Context of Criminal Conduct Under Guideline 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
3.a	Falsified his security clearance application (SF-86) by omitting his two alcohol-related arrests of 1980 and 1984 when responding no to question 24.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.b	Omitted his use of cocaine twice monthly from late 1992 to at least December 1993 when responding no to question 27.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.c	Omitted his testing positive for cocaine in an administered random urinalysis test as an employment condition of employment in a sensitive position when answering no to question 28.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.d	Omitted his being previously diagnosed for cocaine addiction and alcohol abuser and undergoing in-patient drug and alcohol counseling and treatment in January 1994 when answering no to question 30.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.e	Concealed his past use of illegal drugs when questioned by a DSS agent in a March 2000 interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Falsified his security clearance application (SF-86) by omitting his two alcohol-related arrests of 1980 and 1984 when responding no to question 24.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

3.b

Omitted his use of cocaine twice monthly from late 1992 to at least December 1993 when responding no to question 27.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

3.c

Omitted his testing positive for cocaine in an administered random urinalysis test as an employment condition of employment in a sensitive position when answering no to question 28.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

3.d

Omitted his being previously diagnosed for cocaine addiction and alcohol abuser and undergoing in-patient drug and alcohol counseling and treatment in January 1994 when answering no to question 30.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

3.e

Concealed his past use of illegal drugs when questioned by a DSS agent in a March 2000 interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	Applicant is alleged to have committed criminal conduct by violating 18 U.S.C. Sec. 1001 (a felony).	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (b) pressured/coerced and unlikely to recur absent that pressure (c) no reliable evidence the individual committed the offense	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

Applicant is alleged to have committed criminal conduct by violating 18 U.S.C. Sec. 1001 (a felony).

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

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

(b) pressured/coerced and unlikely to recur absent that pressure

(c) no reliable evidence the individual committed the offense

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES