ISCR Case 03-01576.h1

Case Headnote

ISCR Case No. 03-01576.h1

deniedDec 21, 2004· Hon. Martin H. Mogul· hearing

Summary

A 44-year-old Word Processor/Receptionist was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant had a history of unresolved financial difficulties, including overdue federal taxes for 1998 ($1,377.65) and 1999 ($2,513.98), and failed to file federal tax returns for 2000 and 2001. Additionally, several other overdue debts were noted, totaling $50, $150, $86, and $1,950 to various creditors.

Regarding personal conduct and drug involvement, the applicant admitted to using marijuana once in 1998 while holding a security clearance. Crucially, she provided untruthful information and failed to disclose this marijuana use on her Security Clearance Application. While mitigating factors were applied for the drug involvement, indicating no further use or intent to use, these did not outweigh the other concerns.

The judge ultimately denied the clearance, citing the applicant's long history of unresolved financial difficulties and the lack of credibility demonstrated by providing false information about past marijuana use. No mitigating evidence was presented to counter the government's case regarding financial irresponsibility and personal conduct.

Why the Applicant Was Denied

Applicant has a long history of unresolved financial difficulties, including multiple overdue debts.
Applicant provided false information regarding her marijuana use on her Security Clearance Application, undermining her credibility.
No mitigating evidence was presented to counter the government's case regarding financial irresponsibility and personal conduct.

Conditions Referenced

Disqualifying

E2.A6.1.2.1.raisedFinancial Considerations Disqualifying Condition 1
E2.A6.1.2.3.raisedFinancial Considerations Disqualifying Condition 3
E2.A8.1.2.1.raisedDrug Involvement Disqualifying Condition 1
E2.A5.1.2.2.raisedPersonal Conduct Disqualifying Condition 2

Mitigating

E2.A8.1.3.1.appliedDrug Involvement Mitigating Condition 1The drug involvement was not recent.
E2.A8.1.3.2.appliedDrug Involvement Mitigating Condition 2The drug involvement was isolated.
E2.A8.1.3.3.appliedDrug Involvement Mitigating Condition 3The applicant stated intention not to continue using marijuana.

Key Rule Quoted

“The Government relies heavily on the honesty and integrity of individuals seeking access to our nation's secrets.”

Procedural Posture

SOR issuedJan 29, 2004
Answer filedUndatedApplicant requested a decision based on written record.
Hearing held—No hearing; decided on written record.
Decision dateDec 21, 2004

Cite For

Financial Irresponsibility Leading to Denial Under Guideline F
False Statements on Security Clearance Applications Under Guideline E
Mitigating Factors for Isolated Drug Use Under Guideline H

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	Applicant furnished untruthful information to the Government in a Security Clearance Application (SCA) regarding her usage of marijuana while holding a security clearance.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.b	Applicant failed to provide relevant information regarding her marijuana usage during the period in which she possessed a security clearance.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant furnished untruthful information to the Government in a Security Clearance Application (SCA) regarding her usage of marijuana while holding a security clearance.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.b

Applicant failed to provide relevant information regarding her marijuana usage during the period in which she possessed a security clearance.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	This overdue debt to the Internal Revenue Service (IRS) for unpaid federal taxes for tax year 1998 is in the amount of $1,377.65. $1,377	Against Applicant	Tax Unpaid	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.b	This overdue debt to the Internal Revenue Service (IRS) for unpaid federal taxes for tax year 1999 is in the amount of $2,513.98. $2,513	Against Applicant	Tax Unpaid	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.c	This allegation states that Applicant failed to file a Federal tax return for tax year 2000.	Against Applicant	Tax Filing Failure	Denied	(b) unwillingness to satisfy debts regardless of ability	—	—
1.d	This allegation states that Applicant failed to file a Federal tax return for tax year 2001.	Against Applicant	Tax Filing Failure	Admitted	(b) unwillingness to satisfy debts regardless of ability	—	—
1.e	This overdue debt to Creditor 2 is listed in the SOR in the amount of $50. $50	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.f	This overdue debt, also to Creditor 2, is listed in the SOR in the amount of $150. $150	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.g	This overdue debt, also to Creditor 3, is listed in the SOR in the amount of $86. $86	Against Applicant	Unspecified Financial	Denied	(b) unwillingness to satisfy debts regardless of ability	—	—
1.h	This overdue debt to Creditor 4, is listed in the SOR in the amount of $1,950. $1,950	Against Applicant	Unspecified Financial	Denied	(b) unwillingness to satisfy debts regardless of ability	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

This overdue debt to the Internal Revenue Service (IRS) for unpaid federal taxes for tax year 1998 is in the amount of $1,377.65.

$1,377

Against Applicant

Tax Unpaid

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.b

This overdue debt to the Internal Revenue Service (IRS) for unpaid federal taxes for tax year 1999 is in the amount of $2,513.98.

$2,513

Against Applicant

Tax Unpaid

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.c

This allegation states that Applicant failed to file a Federal tax return for tax year 2000.

Against Applicant

Tax Filing Failure

Denied

(b) unwillingness to satisfy debts regardless of ability

—

1.d

This allegation states that Applicant failed to file a Federal tax return for tax year 2001.

Against Applicant

Tax Filing Failure

Admitted

(b) unwillingness to satisfy debts regardless of ability

—

1.e

This overdue debt to Creditor 2 is listed in the SOR in the amount of $50.

$50

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.f

This overdue debt, also to Creditor 2, is listed in the SOR in the amount of $150.

$150

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.g

This overdue debt, also to Creditor 3, is listed in the SOR in the amount of $86.

$86

Against Applicant

Unspecified Financial

Denied

(b) unwillingness to satisfy debts regardless of ability

—

1.h

This overdue debt to Creditor 4, is listed in the SOR in the amount of $1,950.

$1,950

Against Applicant

Unspecified Financial

Denied

(b) unwillingness to satisfy debts regardless of ability

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The Government alleges in this paragraph that Applicant is ineligible for clearance because she abused illegal substances. Applicant admitted to using marijuana on one occasion in 1998, during a period when she held a security clearance. She has stated that she has no intention to use marijuana in the future. No evidence was presented to indicate that she used marijuana more than that one time or that she ever used any other illegal substance.	For Applicant	MarijuanaWHILE CLEARED	Experimental	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur	Claimed Substance Treatment Completed

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The Government alleges in this paragraph that Applicant is ineligible for clearance because she abused illegal substances. Applicant admitted to using marijuana on one occasion in 1998, during a period when she held a security clearance. She has stated that she has no intention to use marijuana in the future. No evidence was presented to indicate that she used marijuana more than that one time or that she ever used any other illegal substance.

For Applicant

MarijuanaWHILE CLEARED

Experimental

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(a) behavior happened long ago / infrequent / unlikely to recur

Claimed

Substance Treatment Completed

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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