ISCR Case 03-05344.h1

Case Headnote

ISCR Case No. 03-05344.h1

deniedApr 14, 2004· Hon. Barry M. Sax· hearing

Summary

A 42-year-old computer consulting firm owner was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The denial stemmed from a long history of alcohol and drug abuse, including marijuana, cocaine, Percocet, Vicodin, and Oxycontin, which led to an emergency room admission in October 2000.

Crucially, the applicant knowingly falsified material facts on his November 26, 2002, security clearance application (SF 96) by failing to disclose alcohol abuse treatment and omitting prior cocaine use. He also omitted material facts in a sworn statement to a Defense Security Service agent on December 18, 2002, regarding his history of drug and prescription medication abuse.

Despite evidence of rehabilitation and support from colleagues, the judge found the applicant's explanations for his past conduct not credible, indicating a pattern of denial and untrustworthiness. This history of misconduct and ongoing denial of responsibility outweighed the mitigating factors, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a long history of alcohol and drug abuse, including polysubstance dependence.
The applicant knowingly falsified material facts on his security clearance application and in a sworn statement to a DSS agent.
The applicant's explanations for his past conduct were deemed not credible, indicating a pattern of denial and untrustworthiness.

Conditions Referenced

Disqualifying

H.1raisedDrug Abuse
H.2raisedIllegal Drug Possession
G.4raisedHabitual or Binge Consumption of Alcohol
E.2raisedDeliberate Omission of Material Facts
E.3raisedProviding False or Misleading Information
E.5raisedPattern of Dishonesty

Mitigating

H.1rejectedNot Recent Drug InvolvementThe applicant's long history of substance abuse diminished the mitigating effect.
H.3rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's past behavior and ongoing denial of issues undermined this condition.
G.3rejectedPositive Changes in BehaviorThe applicant's lengthy history of substance abuse outweighed evidence of positive changes.

Key Rule Quoted

“"any doubt as to whether access to classified information is clearly consistent with the interests of national security will be resolved in favor of the nation's security."”

Procedural Posture

SOR issuedSep 25, 2003
Answer filedOct 16, 2003Applicant elected for a decision on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateApr 14, 2004

Cite For

Denial Based on Extensive History of Substance Abuse Under Guideline H
Falsification of Material Facts Under Guideline E
Consideration of Credibility and Pattern of Denial in Security Clearance Cases.

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 knowingly falsified material facts on his security clearance application (SF 96) of November 26, 2002, as to Question: 30. Your Use of Alcohol - treatment in the in the last seven years, when he answered "No" and deliberately failed to cite his treatment for alcohol abuse, as cited in SOR 1.g., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.b	Applicant knowingly falsified material facts on his security clearance application (SF 96) of November 26, 2002, as to Question: 27. You Use of Illegal Drugs and Drug Activity - Illegal Use of Drugs - since age 16 or in the last seven years, when he answered "Yes," and listed a one time use of cocaine in October 2000, when he deliberately failed to mention his use of cocaine prior to October 2000.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.c	Applicant knowingly omitted material facts during his signed sworn statement of December 18, 2002 to an agent of the Defense Security Service (DSS) when he stated that his use of illegal drugs and misuse of prescription drugs included a one-time use of cocaine in October 2000 and use of marijuana from age 17 - 19, whereas in truth he deliberately omitted information about his history of cocaine use, marijuana use, and abuse of prescription medications other than Oxycontin.	Against Applicant	Lack of Candor in InterviewFOUND 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

3.a

Applicant knowingly falsified material facts on his security clearance application (SF 96) of November 26, 2002, as to Question: 30. Your Use of Alcohol - treatment in the in the last seven years, when he answered "No" and deliberately failed to cite his treatment for alcohol abuse, as cited in SOR 1.g., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

3.b

Applicant knowingly falsified material facts on his security clearance application (SF 96) of November 26, 2002, as to Question: 27. You Use of Illegal Drugs and Drug Activity - Illegal Use of Drugs - since age 16 or in the last seven years, when he answered "Yes," and listed a one time use of cocaine in October 2000, when he deliberately failed to mention his use of cocaine prior to October 2000.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

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

—

3.c

Applicant knowingly omitted material facts during his signed sworn statement of December 18, 2002 to an agent of the Defense Security Service (DSS) when he stated that his use of illegal drugs and misuse of prescription drugs included a one-time use of cocaine in October 2000 and use of marijuana from age 17 - 19, whereas in truth he deliberately omitted information about his history of cocaine use, marijuana use, and abuse of prescription medications other than Oxycontin.

Against Applicant

Lack of Candor in InterviewFOUND 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	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant consumed alcohol, at times to excess, from mid to late adulthood. He abused alcohol in conjunction with prescription pain killers and cocaine, as set forth in SOR 1.c., 1.d., 1.e., and 1.f., above.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	the information set forth in allegation1.g., above.	Against Applicant	Alcohol Related Hospitalization	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant consumed alcohol, at times to excess, from mid to late adulthood. He abused alcohol in conjunction with prescription pain killers and cocaine, as set forth in SOR 1.c., 1.d., 1.e., and 1.f., above.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

the information set forth in allegation1.g., above.

Against Applicant

Alcohol Related Hospitalization

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana, with varying frequency, from his late teens (early 1980s) to at least 1993	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.b	used cocaine while in his early 30s in, approximately, the early 1990s	Against Applicant	CocaineWHILE CLEARED	Occasional	Admitted	—	—	—
1.c	resumed his use of cocaine, with varying frequency, from early 1999 to at least October 2000	Against Applicant	CocaineWHILE CLEARED	Frequent	Admitted	—	—	—
1.d	abused the prescription drug Percocet from at least 1996 to 2000	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	—	—	—
1.e	abused the prescription drug Vicodin from at least 1996 to 2000	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	—	—	—
1.f	abused the prescription drug Oxycontin in 2000	Against Applicant	Prescription Opioid MisuseWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.g	was admitted to a hospital emergency room on October 24, 2000, for alcohol, cocaine, and pain medication abuse	Against Applicant	Drug Diagnosed DisorderWHILE CLEARED	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

used marijuana, with varying frequency, from his late teens (early 1980s) to at least 1993

Against Applicant

MarijuanaWHILE CLEARED

Frequent

Admitted

—

1.b

used cocaine while in his early 30s in, approximately, the early 1990s

Against Applicant

CocaineWHILE CLEARED

Occasional

Admitted

—

1.c

resumed his use of cocaine, with varying frequency, from early 1999 to at least October 2000

Against Applicant

CocaineWHILE CLEARED

Frequent

Admitted

—

1.d

abused the prescription drug Percocet from at least 1996 to 2000

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Regular

Admitted

—

1.e

abused the prescription drug Vicodin from at least 1996 to 2000

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Regular

Admitted

—

1.f

abused the prescription drug Oxycontin in 2000

Against Applicant

Prescription Opioid MisuseWHILE CLEARED

Not Applicable

Admitted

—

1.g

was admitted to a hospital emergency room on October 24, 2000, for alcohol, cocaine, and pain medication abuse

Against Applicant

Drug Diagnosed DisorderWHILE CLEARED

Not Applicable

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