ISCR Case 02-19661.h1

Case Headnote

ISCR Case No. 02-19661.h1

deniedFeb 2, 2005· Hon. Joan Caton Anthony· hearing

Summary

A 54-year-old computing systems specialist 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 illegal drug use and the falsification of information on his security clearance application and in sworn statements to investigators.

Specifically, the applicant admitted to using marijuana from 1969 to 1972, 1979 to 1993, and 1995 to March 1998, and cocaine from 1980 to 1988, 1989 to 1993, and 1995 to December 1997, often with varying frequencies. He also purchased both substances. In August 1993, he was arrested and subsequently pleaded guilty to possession of cocaine and marijuana, along with other charges.

The applicant falsified his SF-86 on January 26, 2001, by denying illegal drug use in the preceding seven years, despite knowing he had used cocaine and marijuana during that period. He also falsified a sworn statement to a special agent of the Defense Investigative Service on April 29, 1999, by denying drug use and purchases in the prior seven years. The judge found that these admissions of drug use and dishonesty raised significant security concerns, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana for 20 years and cocaine for 14 years, establishing a long-term pattern of drug involvement.
He falsified his security clearance application and statements to investigators regarding his drug use, demonstrating a lack of candor and trustworthiness.
The applicant's criminal history, including a guilty plea for drug possession, further undermined his credibility and reliability.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedDrug Involvement
E2.A5.1.2.2raisedFalsification of Information
E2.A10.1.2.1raisedCriminal Conduct
E2.A10.1.2.2raisedFalsification of Information

Mitigating

E2.A8.1.3.1appliedLast Drug Use Was Several Years Ago
E2.A8.1.3.2rejectedIsolated IncidentThe applicant's drug use was not isolated but a long-term lifestyle choice.
E2.A8.1.3.3rejectedDemonstrated Intent to Abstain From Drug UseThe applicant provided no credible plan for maintaining abstinence from drug use.
E2.A5.1.3.1rejectedIsolated Incident of FalsificationThe applicant's falsifications were not isolated incidents.
E2.A5.1.3.2rejectedSubsequent Correction of InformationWhile the applicant provided correct information later, the falsifications were not isolated.
E2.A10.1.3.1appliedCriminal Conduct Not Recent
E2.A10.1.3.2rejectedIsolated Incident of Criminal ConductThe applicant's criminal conduct was part of a pattern.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedAug 18, 2003
Answer filedOct 27, 2003Applicant requested case determination on the record.
Hearing held—No hearing was held; case determined on the record.
Decision dateFeb 2, 2005

Cite For

Long-term Drug Involvement Under Guideline H
Falsification of Information Under Guideline E
Criminal Conduct History 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
2.a	Falsified his answer to Question 27 on the SF-86 by denying illegal drug use in the previous seven years, when he knew he had used cocaine and marijuana in the seven-year period prior to signing and certifying his SF-86 on January 26, 2001.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.b	Falsified material facts on a signed, sworn statement he provided to a special agent of the Defense Investigative Service by denying he had used and purchased marijuana and cocaine during the seven years prior to April 29, 1999.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Falsified his answer to Question 27 on the SF-86 by denying illegal drug use in the previous seven years, when he knew he had used cocaine and marijuana in the seven-year period prior to signing and certifying his SF-86 on January 26, 2001.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

2.b

Falsified material facts on a signed, sworn statement he provided to a special agent of the Defense Investigative Service by denying he had used and purchased marijuana and cocaine during the seven years prior to April 29, 1999.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, at times two to three times weekly from 1969 to 1972; two times weekly from 1979 to 1993; and two times weekly from 1995 to March 1998.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant purchased marijuana.	Against Applicant	Marijuana	Not Applicable	Admitted	—	—	—
1.c	Applicant used cocaine, with varying frequency, at times two to three times monthly from approximately 1980 to 1988; two to three times monthly from 1989 to 1993; and two to three times monthly from 1995 to December 1997.	Against Applicant	Cocaine	Occasional	Admitted	—	—	—
1.d	Applicant purchased cocaine.	Against Applicant	Cocaine	Not Applicable	Admitted	—	—	—
1.e	Applicant was arrested on August 8, 1993 and charged with possession of a narcotic schedule II controlled substance, possession of drug paraphernalia, maintaining a vehicle for keeping controlled substances, possession of a non-narcotic schedule I controlled substance, carrying a concealed deadly weapon, and speeding; and that he pleaded guilty to possession of cocaine and possession of marijuana.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana, with varying frequency, at times two to three times weekly from 1969 to 1972; two times weekly from 1979 to 1993; and two times weekly from 1995 to March 1998.

Against Applicant

Marijuana

Regular

Admitted

—

1.b

Applicant purchased marijuana.

Against Applicant

Marijuana

Not Applicable

Admitted

—

1.c

Applicant used cocaine, with varying frequency, at times two to three times monthly from approximately 1980 to 1988; two to three times monthly from 1989 to 1993; and two to three times monthly from 1995 to December 1997.

Against Applicant

Cocaine

Occasional

Admitted

—

1.d

Applicant purchased cocaine.

Against Applicant

Cocaine

Not Applicable

Admitted

—

1.e

Applicant was arrested on August 8, 1993 and charged with possession of a narcotic schedule II controlled substance, possession of drug paraphernalia, maintaining a vehicle for keeping controlled substances, possession of a non-narcotic schedule I controlled substance, carrying a concealed deadly weapon, and speeding; and that he pleaded guilty to possession of cocaine and possession of marijuana.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant was arrested, charged, and pleaded guilty to possession of cocaine and marijuana in August 1993, conduct which provides evidence of a history of criminal activity.	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	—	—
3.b	Applicant deliberately falsified material facts on his security clearance application (SF-86) when he lied about his drug use and deliberately falsified his signed, sworn statement of April 29, 1999 when he lied about his drug use in the previous seven years.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant was arrested, charged, and pleaded guilty to possession of cocaine and marijuana in August 1993, conduct which provides evidence of a history of criminal activity.

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

—

3.b

Applicant deliberately falsified material facts on his security clearance application (SF-86) when he lied about his drug use and deliberately falsified his signed, sworn statement of April 29, 1999 when he lied about his drug use in the previous seven years.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

(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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES