ISCR Case 01-25855.h1

Case Headnote

ISCR Case No. 01-25855.h1

deniedFeb 19, 2004· Hon. Martin H. Mogul· hearing

Summary

A 46-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a long history of marijuana abuse, criminal conduct related to drug possession, and a lack of candor on his security clearance application.

The applicant's marijuana use spanned from 1976 to at least 2002, totaling over 26 years, and he admitted to psychological addiction. This included use while he held a security clearance granted in 1990. He was arrested for drug-related offenses in 1977 and 1994, and was terminated from employment in 1994 for failing company drug tests and not complying with substance abuse policy. Additionally, an outstanding bench warrant from 1996 for a vehicle code violation was noted.

Crucially, the applicant provided false information on his security clearance application, failing to disclose his drug arrests, extensive marijuana usage, and his 1994 employment termination. The judge determined that his continued drug use and lack of candor undermined his trustworthiness and reliability, making a clearance inconsistent with national interest.

Why the Applicant Was Denied

Applicant has a long history of marijuana abuse, including purchase, possession, and use for over 26 years.
Applicant admitted to being psychologically addicted to marijuana and continued its use even after previous employment terminations due to drug use.
Applicant provided false and incomplete information on his Security Clearance Application regarding his drug use and employment termination.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedAny Drug Abuse
E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
E2.A8.1.2.5raisedFailure to Successfully Complete a Drug Treatment Program Prescribed by a Credentialed Medical Professional
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts

Key Rule Quoted

“"the clearly consistent standard indicates that 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 issuedMay 1, 2003
Answer filedJun 6, 2003Applicant requested decision on written record.
Hearing held—No hearing; case decided on written record.
Decision dateFeb 19, 2004

Cite For

Long-term Drug Abuse as a Disqualifying Factor Under Guideline H
Criminal Conduct Related to Drug Possession and False Statements Under Guidelines J and E
The Importance of Honesty and Integrity 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
3.a	Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs? Applicant answered "No" to question #24. He did not provide any information regarding his arrest in 1994 for being in possession of a controlled substance and his arrest in 1977 for use and possession of dangerous drugs.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—
3.b	Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance? Applicant answered "No" to question #27. He did not provide any information regarding his marijuana usage which extended from 1976 to at least 2002.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
3.c	Have you ever illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance? Applicant answered "No" to question #28. He failed to provide the information that he used marijuana during the period in which he possessed a security clearance, which was granted to him in 1990.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
3.d	Has any of the following happened to you in the last ten years?-Fired from a job . . . Left a job for other reason under unfavorable circumstances. Applicant answered "No" to question #20. He failed to provide information regarding his termination from employment in 1994 for failure to comply with the company substance abuse policy.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs? Applicant answered "No" to question #24. He did not provide any information regarding his arrest in 1994 for being in possession of a controlled substance and his arrest in 1977 for use and possession of dangerous drugs.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

3.b

Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substance? Applicant answered "No" to question #27. He did not provide any information regarding his marijuana usage which extended from 1976 to at least 2002.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.c

Have you ever illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance? Applicant answered "No" to question #28. He failed to provide the information that he used marijuana during the period in which he possessed a security clearance, which was granted to him in 1990.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.d

Has any of the following happened to you in the last ten years?-Fired from a job . . . Left a job for other reason under unfavorable circumstances. Applicant answered "No" to question #20. He failed to provide information regarding his termination from employment in 1994 for failure to comply with the company substance abuse policy.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant has abused marijuana, including purchase, possession, and use, for a minimum of 26 years.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	The applicant stated that he continues to use and is psychologically addicted to the use of marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	The applicant was arrested for use and possession of dangerous drugs in 1977.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Denied	(a) any substance misuse	—	—
1.d	The applicant was arrested for being in possession of a controlled substance in 1994.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Denied	(a) any substance misuse	—	—
1.e	The applicant failed a drug test at his place of employment in 1993.	Against Applicant	Drug Test Failure	Not Applicable	Denied	(a) any substance misuse	—	—
1.f	The applicant was terminated from his employment in 1994 after failing a second company drug test.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Denied	(a) any substance misuse	—	—
1.g	The applicant continued to use marijuana after he received a security clearance in 1990.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.h	The applicant failed to provide the required information regarding his drug usage to the Government in a Security Clearance Application.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(a) any substance misuse	—	—
1.i	The applicant knew or should have known his responses were materially incorrect and incomplete.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(a) any substance misuse	—	—
1.j	The applicant's overall conduct pertaining to his illegal substance abuse raises security concerns.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(a) any substance misuse	—	—
1.k	The applicant's lengthy period of illegal substance abuse brings him within the scope of provision 2 of 10 U.S.C. § 986.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(a) any substance misuse	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant has abused marijuana, including purchase, possession, and use, for a minimum of 26 years.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

The applicant stated that he continues to use and is psychologically addicted to the use of marijuana.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

The applicant was arrested for use and possession of dangerous drugs in 1977.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Denied

(a) any substance misuse

—

1.d

The applicant was arrested for being in possession of a controlled substance in 1994.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Denied

(a) any substance misuse

—

1.e

The applicant failed a drug test at his place of employment in 1993.

Against Applicant

Drug Test Failure

Not Applicable

Denied

(a) any substance misuse

—

1.f

The applicant was terminated from his employment in 1994 after failing a second company drug test.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Denied

(a) any substance misuse

—

1.g

The applicant continued to use marijuana after he received a security clearance in 1990.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.h

The applicant failed to provide the required information regarding his drug usage to the Government in a Security Clearance Application.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(a) any substance misuse

—

1.i

The applicant knew or should have known his responses were materially incorrect and incomplete.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(a) any substance misuse

—

1.j

The applicant's overall conduct pertaining to his illegal substance abuse raises security concerns.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(a) any substance misuse

—

1.k

The applicant's lengthy period of illegal substance abuse brings him within the scope of provision 2 of 10 U.S.C. § 986.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(a) any substance misuse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In 1994, he was arrested for possession of a controlled substance and being under the influence of a controlled substance.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	In 1977, he was arrested for use and possession of dangerous drugs.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.c	On August 14, 1996, Applicant was cited for a vehicle code violation for failing to wear his seat belt. He was required to appear in court for this offense. He did not appear, and a bench warrant was issued for his arrest. The warrant is still outstanding.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	(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

In 1994, he was arrested for possession of a controlled substance and being under the influence of a controlled substance.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

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

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

—

2.b

In 1977, he was arrested for use and possession of dangerous drugs.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Unknown

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

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

—

2.c

On August 14, 1996, Applicant was cited for a vehicle code violation for failing to wear his seat belt. He was required to appear in court for this offense. He did not appear, and a bench warrant was issued for his arrest. The warrant is still outstanding.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

(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