ISCR Case 01-17270.h1

Case Headnote

ISCR Case No. 01-17270.h1

deniedJun 10, 2005· Hon. Thomas M. Crean· hearing

Summary

A 37-year-old senior electronics technician for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant admitted to repeated cocaine use and falsifying his security clearance application.

Specifically, the applicant answered "NO" to questions about illegal drug use on his application, despite later admitting to using cocaine repeatedly from June 1997 to December 1998. He also admitted to falsifying this information. Furthermore, he had not informed his family of his past drug use, except for a brother-in-law who was also a drug user, which raised concerns about his vulnerability to coercion. The applicant also had a 1987 arrest as a high school student for possession of a controlled substance and a weapons charge; the weapons charge was dismissed, and the drug charge was dismissed after he successfully completed a drug diversion program in February 1988.

The judge found that the applicant failed to mitigate the security concerns. The repeated cocaine use, the falsification of his application, and his failure to inform his family of his drug use were cited as reasons for the denial, demonstrating a lack of candor and reliability and an unmitigated vulnerability to coercion.

Why the Applicant Was Denied

Applicant admitted to repeated use of cocaine over an 18-month period, which raised significant security concerns.
Applicant provided false answers on his security clearance application regarding drug use, demonstrating a lack of candor and reliability.
The applicant did not take adequate steps to mitigate his vulnerability to coercion by failing to inform his family of his drug use.

Conditions Referenced

Disqualifying

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

Mitigating

E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the FalsificationApplicant corrected the falsification only after being confronted by security agents.
E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant's drug use was recent and ongoing until 1998.

Key Rule Quoted

“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
— Directive ¶ 6.3.1

Procedural Posture

SOR issuedOct 25, 2004
Answer filedDec 8, 2004
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateJun 10, 2005

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Impact of Drug Use on Security Clearance Eligibility Under Guideline J
Failure to Mitigate Security Concerns Related to Personal Conduct and Criminal Conduct

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	Applicant answered "NO" to the question concerning his use of illegal drugs on his security clearance application, but he subsequently admitted to repeated use of cocaine over an 18 month period in the late 1990s.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant has not informed his family of his use of the illegal substance, leaving him vulnerable to coercion, exploitation, or duress.	Against Applicant	Concealment Creating Coercion Vulnerability	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.c	specific text not stated in this decision	Unknown	Unspecified Personal Conduct	—	Unknown	—	—	—
1.d	Applicant admitted to falsifying the information concerning drug use on his security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant answered "NO" to the question concerning his use of illegal drugs on his security clearance application, but he subsequently admitted to repeated use of cocaine over an 18 month period in the late 1990s.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.b

Applicant has not informed his family of his use of the illegal substance, leaving him vulnerable to coercion, exploitation, or duress.

Against Applicant

Concealment Creating Coercion Vulnerability

—

Admitted

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

—

1.c

specific text not stated in this decision

Unknown

Unspecified Personal Conduct

—

Unknown

—

1.d

Applicant admitted to falsifying the information concerning drug use on his security clearance application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested in May, 1987, while a high school student, for possession of a controlled substance, and possession, sale, or manufacture of a dangerous weapon. The weapons charge was dismissed, and Applicant pled guilty to the possession of a controlled substance charge. He was placed in a drug diversion program. Upon successful completion of the program in February 1988, the drug related charge was dismissed.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	Applicant admitted repeatedly using cocaine starting in June 1997 until December 1998. Applicant used the illegal substance because he had marital problems. His brother also used drugs and died of a heroin overdose. Applicant has not informed any member of his family, except his brother-in-law, a fellow drug user, of his use of a controlled substance.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested in May, 1987, while a high school student, for possession of a controlled substance, and possession, sale, or manufacture of a dangerous weapon. The weapons charge was dismissed, and Applicant pled guilty to the possession of a controlled substance charge. He was placed in a drug diversion program. Upon successful completion of the program in February 1988, the drug related charge was dismissed.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

2.b

Applicant admitted repeatedly using cocaine starting in June 1997 until December 1998. Applicant used the illegal substance because he had marital problems. His brother also used drugs and died of a heroin overdose. Applicant has not informed any member of his family, except his brother-in-law, a fellow drug user, of his use of a controlled substance.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES