ISCR Case 03-08100.h1

Case Headnote

ISCR Case No. 03-08100.h1

deniedFeb 9, 2004· Hon. Michael H. Leonard· hearing

Summary

A 39-year-old aircraft mechanic for a defense contractor was denied a security clearance due to a long-term history of illegal drug use and deliberate falsification of his drug history. The denial was based on Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).

The applicant's drug use dated back to 1977, primarily involving marijuana, which he used regularly until at least March 4, 2003. He also admitted to using cocaine, ecstasy, LSD, quaaludes, hashish, amphetamines, and prescription drugs without a prescription at various times. Despite attending an outpatient drug abuse program in 1979 or 1980, he continued to use drugs, including marijuana, after being granted a security clearance in 1997 and during his recent background investigation.

Crucially, the applicant deliberately falsified his security clearance application in October 2002 by denying all illegal drug use. He also provided false information and a false sworn statement during initial interviews with a Defense Security Service (DSS) special agent. In a subsequent interview on March 5, 2003, he finally provided a sworn statement detailing his drug history and admitted to falsifying previous documents. He also stated, "I cannot state that I will never use marijuana again in the future, particularly in light of the fact that I used it last night." The judge found his current drug use and lack of credibility raised significant security concerns, leading to the denial of his application.

Why the Applicant Was Denied

Applicant has a long-term history of illegal drug use dating back to 1977, including marijuana use as recently as March 2003.
Applicant deliberately falsified his security clearance application and provided false statements during interviews regarding his drug use.
Under 10 U.S.C. § 986, the applicant is ineligible for a security clearance due to his current unlawful drug use.

Conditions Referenced

Disqualifying

DC 1raisedAny Drug Abuse.
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
DC 5raisedRecent Drug Involvement Especially Following the Granting of a Security Clearance, or an Expressed Intent Not to Discontinue Use, Will Almost Invariably Result in an Unfavorable Decision.
DC 2raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator, Security Official, Competent Medical Authority, or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.
DC 1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.

Key Rule Quoted

“"It should be obvious that no one has a 'right' to a security clearance," and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedAug 4, 2003
Answer filedAug 20, 2003Applicant requested a decision based on the written record.
Hearing held—No hearing was held.
Decision dateFeb 9, 2004

Cite For

Denial Based on Long-term Illegal Drug Use Under Guideline H
Deliberate Falsification of Information Under Guideline E
Ineligibility for Security Clearance Under 10 U.S.C. § 986 Due to Current Drug Use.

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	The deliberate omission, concealment, or falsification of relevant and materials facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	Allegations or admissions of criminal conduct, regardless of whether the person was formally charged.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The deliberate omission, concealment, or falsification of relevant and materials facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

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

—

2.b

Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

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

—

2.c

Allegations or admissions of criminal conduct, regardless of whether the person was formally charged.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

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

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has a long-term history of illegal drug use dating to 1977. His primary drug of choice is marijuana, which he has used since 1977 to at least March 4, 2003. He started using marijuana regularly in 1981. Since then, he has smoked it two to three times weekly. At times, he has smoked marijuana as frequent as daily.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.b	In addition to using marijuana, he used cocaine during 1991 - 1992, ecstasy in 1991 - 1992, LSD in 1991, quaaludes in 1987, hashish during 1980 - 1981, amphetamines during 1979 - 1981, and prescription drugs without a prescription in 1977 and during 1979-1980.	Against Applicant	CocaineWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.c	Applicant completed a 30-day outpatient program with a drug abuse program during the summer of 1979 or 1980.	Against Applicant	Treatment FailureWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	During October 2002, Applicant completed a security-clearance application, also known as a SF 86. In response to a specific question about his use of illegal drugs and drug activity within the last seven years, Applicant answered "No" denying any and all illegal drug use.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	Applicant was interviewed by a special agent of the Defense Security Service (DSS). During that interview, Applicant denied using any illegal drugs within the past seven years.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.f	Applicant was interviewed again by the same DSS special agent. At the conclusion of the interview, Applicant signed a sworn statement stating he had used marijuana once in about 1978 or 1979; he denied any other illegal drug use or other involvement with illegal drugs.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.g	On or about March 5, 2003, Applicant was interviewed by another DSS special agent. The interview produced a signed, sworn statement detailing Applicant's history of illegal drug use dating from 1977 to as recently as March 4, 2003, including the 30-day outpatient drug abuse program he attended during the summer of 1979 or 1980.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.h	Concerning his future intentions, Applicant said "I cannot state that I will never use marijuana again in the future, particularly in light of the fact that I used it last night."	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.i	Applicant admitted that he deliberately falsified his Security Clearance Application (SCA), dated 23 Oct 02, by failing to reveal any of his illegal drug usage or involvement.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.j	Applicant admitted deliberately lying to the DSS special agent who conducted the January 2003 interviews as well as providing a false sworn statement on January 9, 2003.	Against Applicant	Drug Use During ClearanceWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.k	Applicant's illegal drug use includes using marijuana during March 2003, the day before his third DSS interview.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.l	Applicant's long-term history of illegal drug use (primarily marijuana use) constitutes drug abuse and indicates unwillingness or inability to abide by the law.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.m	Applicant's marijuana use took place after he had been granted a security clearance in 1997 and during his recent background investigation (January - March 2003).	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.n	Given his long-term history of illegal drug use, his marijuana use in March 2003, along with his statement that he may use marijuana in the future, Applicant has failed to show that he will not use illegal drugs in the future.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.o	Applicant's admissions and the evidence presented were insufficient to mitigate these concerns, leading to a denial of the security clearance.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Unknown	—	—	—
1.p	Applicant's long-term history of illegal drug use dating from 1977 to as recently as March 4, 2003, is a solid basis to question Applicant's suitability to possess a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—
1.q	Applicant is currently an unlawful user of controlled substances for purposes of 10 U.S.C. § 986.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (e) failure to complete a prescribed drug treatment program	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant has a long-term history of illegal drug use dating to 1977. His primary drug of choice is marijuana, which he has used since 1977 to at least March 4, 2003. He started using marijuana regularly in 1981. Since then, he has smoked it two to three times weekly. At times, he has smoked marijuana as frequent as daily.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.b

In addition to using marijuana, he used cocaine during 1991 - 1992, ecstasy in 1991 - 1992, LSD in 1991, quaaludes in 1987, hashish during 1980 - 1981, amphetamines during 1979 - 1981, and prescription drugs without a prescription in 1977 and during 1979-1980.

Against Applicant

CocaineWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.c

Applicant completed a 30-day outpatient program with a drug abuse program during the summer of 1979 or 1980.

Against Applicant

Treatment FailureWHILE CLEARED

Not Applicable

Admitted

—

1.d

During October 2002, Applicant completed a security-clearance application, also known as a SF 86. In response to a specific question about his use of illegal drugs and drug activity within the last seven years, Applicant answered "No" denying any and all illegal drug use.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.e

Applicant was interviewed by a special agent of the Defense Security Service (DSS). During that interview, Applicant denied using any illegal drugs within the past seven years.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.f

Applicant was interviewed again by the same DSS special agent. At the conclusion of the interview, Applicant signed a sworn statement stating he had used marijuana once in about 1978 or 1979; he denied any other illegal drug use or other involvement with illegal drugs.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.g

On or about March 5, 2003, Applicant was interviewed by another DSS special agent. The interview produced a signed, sworn statement detailing Applicant's history of illegal drug use dating from 1977 to as recently as March 4, 2003, including the 30-day outpatient drug abuse program he attended during the summer of 1979 or 1980.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.h

Concerning his future intentions, Applicant said "I cannot state that I will never use marijuana again in the future, particularly in light of the fact that I used it last night."

Against Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Admitted

—

1.i

Applicant admitted that he deliberately falsified his Security Clearance Application (SCA), dated 23 Oct 02, by failing to reveal any of his illegal drug usage or involvement.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.j

Applicant admitted deliberately lying to the DSS special agent who conducted the January 2003 interviews as well as providing a false sworn statement on January 9, 2003.

Against Applicant

Drug Use During ClearanceWHILE CLEARED

Not Applicable

Admitted

—

1.k

Applicant's illegal drug use includes using marijuana during March 2003, the day before his third DSS interview.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.l

Applicant's long-term history of illegal drug use (primarily marijuana use) constitutes drug abuse and indicates unwillingness or inability to abide by the law.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.m

Applicant's marijuana use took place after he had been granted a security clearance in 1997 and during his recent background investigation (January - March 2003).

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.n

Given his long-term history of illegal drug use, his marijuana use in March 2003, along with his statement that he may use marijuana in the future, Applicant has failed to show that he will not use illegal drugs in the future.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.o

Applicant's admissions and the evidence presented were insufficient to mitigate these concerns, leading to a denial of the security clearance.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Unknown

—

1.p

Applicant's long-term history of illegal drug use dating from 1977 to as recently as March 4, 2003, is a solid basis to question Applicant's suitability to possess a security clearance.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

1.q

Applicant is currently an unlawful user of controlled substances for purposes of 10 U.S.C. § 986.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(e) failure to complete a prescribed drug treatment program

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant's deliberate falsification of relevant and material facts about his long-term history of illegal drug involvement (1) on his security-clearance application, (2) during an interview to an investigator, and (3) in a sworn statement provided to an investigator.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	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

3.a

Applicant's deliberate falsification of relevant and material facts about his long-term history of illegal drug involvement (1) on his security-clearance application, (2) during an interview to an investigator, and (3) in a sworn statement provided to an investigator.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES