ISCR Case 02-26253.h1

Case Headnote

ISCR Case No. 02-26253.h1

deniedAug 26, 2004· Hon. Matthew E. Malone· hearing

Summary

A 27-year-old senior network engineer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of drug and alcohol-related offenses, including six arrests between 1995 and 1998. These arrests included multiple charges for driving while intoxicated (DWI), driving on a suspended or revoked license, reckless driving, illegal possession of alcohol, and possession of a controlled substance.

Specifically, the applicant used marijuana several times between 1995 and 1997 and was convicted of possession of a controlled substance in 1997, which stemmed from a simple possession charge that became felony possession after testing positive for phencyclidine (PCP). While the applicant's past conduct was mitigated by time, the primary reason for denial was his deliberate omission of significant information on his security clearance application (SF-86).

The applicant failed to disclose his marijuana use between 1995 and 1997, omitted all but one of his arrests, incorrectly answered "no" to questions regarding felony arrests and illegal drug use, and did not list alcohol-related treatment or counseling. These deliberate omissions raised critical concerns about his honesty, reliability, and judgment, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant deliberately omitted significant drug use and arrests from his SF-86 application, raising concerns about his honesty and reliability.
The applicant's history of criminal conduct, including multiple arrests for drug and alcohol offenses, undermined confidence in his judgment.
The applicant's lack of candor during the security clearance process was a critical factor in the denial of his application.

Conditions Referenced

Disqualifying

E2.A5.1.2appliedPersonal Conduct
E2.A7.1.1raisedAlcohol Consumption
E2.A8.1.1raisedIllegal Drug Involvement
E2.A10.1.1raisedCriminal Conduct

Mitigating

E2.A5.2.1rejectedPersonal Conduct
E2.A7.2.2appliedAlcohol Consumption
E2.A8.2.1appliedIllegal Drug Involvement
E2.A10.2.1rejectedCriminal Conduct

Key Rule Quoted

“The government has a compelling interest in ensuring applicants for clearance can be relied on to be candid in responding to inquiries about their background, even if it means disclosing information that may be adverse to their personal interests.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedAug 11, 2003
Answer filedOct 10, 2003
Hearing held—Determination without a hearing requested by applicant.
Decision dateAug 26, 2004

Cite For

Deliberate Omission of Information on SF-86 as a Basis for Denial
Impact of Past Criminal Conduct on Security Clearance Eligibility
Importance of Candor 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
4.a	Applicant deliberately omitted his use of marijuana between 1995 and 1997 from a recent security clearance application (SF-86).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
4.b	Applicant omitted all but one of his arrests from a recent security clearance application (SF-86).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
4.c	Applicant answered 'no' to question 21 regarding felony arrests, despite knowing about his earlier simple possession charge being changed to a more serious charge.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
4.d	Applicant answered 'no' to question 27 regarding illegal drug use, despite using marijuana between 1995 and 1997.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
4.e	Applicant failed to list his alcohol-related treatment or counseling on the SF-86.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(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

4.a

Applicant deliberately omitted his use of marijuana between 1995 and 1997 from a recent security clearance application (SF-86).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

4.b

Applicant omitted all but one of his arrests from a recent security clearance application (SF-86).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

4.c

Applicant answered 'no' to question 21 regarding felony arrests, despite knowing about his earlier simple possession charge being changed to a more serious charge.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

4.d

Applicant answered 'no' to question 27 regarding illegal drug use, despite using marijuana between 1995 and 1997.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

4.e

Applicant failed to list his alcohol-related treatment or counseling on the SF-86.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a–1.g	7 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a–1.g

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

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	Applicant used marijuana several times between 1995 and 1997 (SOR 3.a)	For Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(c) prescription abuse followed a prolonged illness and has since ended	—
3.b	was convicted of possession of a controlled substance in 1997. (SOR 3.b)	For Applicant	Drug Diagnosed Disorder	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(c) prescription abuse followed a prolonged illness and has since ended	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

Applicant used marijuana several times between 1995 and 1997 (SOR 3.a)

For Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(c) prescription abuse followed a prolonged illness and has since ended

—

3.b

was convicted of possession of a controlled substance in 1997. (SOR 3.b)

For Applicant

Drug Diagnosed Disorder

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(c) prescription abuse followed a prolonged illness and has since ended

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Between 1995 and 1998, Applicant was arrested for driving while intoxicated (DWI).	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	On August 14, 1997, Applicant was charged with driving on a suspended or revoked driver's license.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In April 1997, Applicant was charged with simple possession of marijuana.	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	—	—
1.d	Applicant was charged with felony possession of a controlled substance after the marijuana confiscated from him tested positive for phencyclidine (PCP).	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	—	—
1.e	On December 12, 1996, Applicant was arrested for driving while intoxicated (DWI) and was convicted in March 1997.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	On March 12, 1996, Applicant was cited for reckless driving, a misdemeanor.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	On October 9, 1995, Applicant was cited for illegal possession of alcohol, a misdemeanor.	Against Applicant	Unspecified Criminal Conduct	Convicted	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

1.a

Between 1995 and 1998, Applicant was arrested for driving while intoxicated (DWI).

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.b

On August 14, 1997, Applicant was charged with driving on a suspended or revoked driver's license.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.c

In April 1997, Applicant was charged with simple possession of marijuana.

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

—

1.d

Applicant was charged with felony possession of a controlled substance after the marijuana confiscated from him tested positive for phencyclidine (PCP).

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

—

1.e

On December 12, 1996, Applicant was arrested for driving while intoxicated (DWI) and was convicted in March 1997.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.f

On March 12, 1996, Applicant was cited for reckless driving, a misdemeanor.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.g

On October 9, 1995, Applicant was cited for illegal possession of alcohol, a misdemeanor.

Against Applicant

Unspecified Criminal Conduct

Convicted

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES