ISCR Case 03-04931.h1

Case Headnote

ISCR Case No. 03-04931.h1

deniedDec 22, 2004· Hon. Joan Caton Anthony· hearing

Summary

A 26-year-old federal contractor 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 admitted to extensive illegal drug use, including approximately 200 instances of marijuana use and four or five instances of Ecstasy use, and stated an intent to continue using marijuana. This drug use alone disqualified him under 10 U.S.C. § 986 (c)(2).

Further issues arose from the applicant's criminal history, which included a July 1997 citation for marijuana possession and underage alcohol possession, a June 1997 arrest for interfering with a police officer, and a July 1997 conviction for making a false report of a criminal offense. He was placed on three years' probation and ordered to perform 360 hours of community service for the false report.

Additionally, the applicant falsified his security clearance application (SF-86) in June 2001. He misrepresented the extent of his drug use, stating only three instances of marijuana use when he knew it was over 200. He also falsely denied being over 180 days delinquent on any debts, despite owing approximately $3,980 across three delinquent hospital accounts. These actions, combined with his financial delinquencies, led the judge to conclude that his conduct was inconsistent with the national interest, resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to extensive illegal drug use and intended to continue using drugs, disqualifying him under 10 U.S.C. § 986 (c)(2).
The applicant falsified material facts on his security clearance application regarding drug use and financial obligations, raising concerns about his judgment and reliability.
The applicant's financial delinquencies indicated an inability or unwillingness to meet his debts, further undermining his trustworthiness.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedDrug Involvement
E2.A10.1.2.2raisedCriminal Conduct - False Statement
E2.A5.1.2.2raisedPersonal Conduct - Lack of Candor
E2.A6.1.2.1raisedFinancial Considerations - Failure to Meet Obligations

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 issuedOct 2, 2003
Answer filedNov 4, 2003
Hearing held—Applicant requested decision on the record without a hearing.
Decision dateDec 22, 2004

Cite For

Disqualifying Conduct Due to Illegal Drug Use Under Guideline H
Impact of Falsifying Information on Security Clearance Applications Under Guideline E
Financial Delinquencies as a Security Concern Under Guideline F

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 raised concerns under Guideline E, Personal Conduct, when he admitted illegal drug use in response to Question 27 on his SF-86, but listed only three instances of marijuana use between June 1996 and June 1997, when in fact he knew he had used marijuana over 200 times in that time period.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
3.b	DOHA also alleged Applicant falsified material facts on his security clearance application when he answered "no" to Question 38, thus denying that in the past seven years he had been over 180 days delinquent on any debts, when in fact he knew he was indebted to a hospital for three delinquent accounts totaling approximately $3,980.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant raised concerns under Guideline E, Personal Conduct, when he admitted illegal drug use in response to Question 27 on his SF-86, but listed only three instances of marijuana use between June 1996 and June 1997, when in fact he knew he had used marijuana over 200 times in that time period.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

3.b

DOHA also alleged Applicant falsified material facts on his security clearance application when he answered "no" to Question 38, thus denying that in the past seven years he had been over 180 days delinquent on any debts, when in fact he knew he was indebted to a hospital for three delinquent accounts totaling approximately $3,980.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	failed to pay or settle three delinquent accounts totaling approximately $3,980 $3,980	Against Applicant	Unspecified Financial	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

failed to pay or settle three delinquent accounts totaling approximately $3,980

$3,980

Against Applicant

Unspecified Financial

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana approximately 200 times.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Used Ecstasy four or five times.	Against Applicant	MDMA	Occasional	Admitted	—	—	—
1.c	Intended to continue his marijuana use.	Against Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	—
1.d	His continued use of marijuana disqualified him under the provisions of 10 U.S.C. § 986 (c)(2) from being granted a security clearance.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
1.e	Cited in July 1997 for possession of marijuana and under-age possession of alcohol; pled guilty to the under-age alcohol possession; ordered to complete alcohol and drug awareness training; marijuana possession charge was expunged.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana approximately 200 times.

Against Applicant

Marijuana

Regular

Admitted

—

1.b

Used Ecstasy four or five times.

Against Applicant

MDMA

Occasional

Admitted

—

1.c

Intended to continue his marijuana use.

Against Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

1.d

His continued use of marijuana disqualified him under the provisions of 10 U.S.C. § 986 (c)(2) from being granted a security clearance.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

1.e

Cited in July 1997 for possession of marijuana and under-age possession of alcohol; pled guilty to the under-age alcohol possession; ordered to complete alcohol and drug awareness training; marijuana possession charge was expunged.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was cited in July 1997 for possession of marijuana and under-age possession of alcohol.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.b	He was arrested in June 1997 for interfering with a police officer.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
2.c	In July 1997 he was convicted of making a false report of a criminal offense, placed on summary probation for three years and required to perform 360 hours of community service.	Against Applicant	Fraud or Deception Criminal	Convicted	Admitted	—	—	—
2.d	In June 2001, Applicant deliberately falsified material facts on his security clearance application (SF-86) when he lied about his drug use and financial obligations.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was cited in July 1997 for possession of marijuana and under-age possession of alcohol.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.b

He was arrested in June 1997 for interfering with a police officer.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

2.c

In July 1997 he was convicted of making a false report of a criminal offense, placed on summary probation for three years and required to perform 360 hours of community service.

Against Applicant

Fraud or Deception Criminal

Convicted

Admitted

—

2.d

In June 2001, Applicant deliberately falsified material facts on his security clearance application (SF-86) when he lied about his drug use and financial obligations.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

—

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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