ISCR Case 03-09470.h1

Case Headnote

ISCR Case No. 03-09470.h1

deniedAug 5, 2005· Hon. Elizabeth M. Matchinski· hearing

Summary

A 25-year-old defense contractor apprentice was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant's history included marijuana use from age 16 until late 2003, with convictions for illegal possession in July 1998 and January 1999. He also had multiple arrests for drug possession and DUI, and continued marijuana use even after applying for a security clearance.

A significant factor in the denial was the deliberate omission, concealment, or falsification of relevant facts on his security clearance application regarding his drug use and criminal history. This raised concerns about his honesty and reliability.

While the applicant demonstrated abstinence from illegal drugs since late 2003 and showed a favorable change in behavior, the judge found that his past criminal activity, continued association with criminal behavior, and deliberate omissions on the application created sufficient doubt about his judgment and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant had a history of illegal drug use and multiple criminal offenses, including DUI and disorderly conduct.
The applicant deliberately omitted his drug use and criminal history from his security clearance application, raising concerns about his honesty and reliability.
The applicant's past behavior and continued association with criminal activity created doubt about his judgment and trustworthiness.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedDrug Abuse
E2.A8.1.2.2raisedIllegal Drug Possession
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification

Mitigating

E2.A8.1.3.3appliedDemonstrated Intent Not to Abuse Drugs in the Future
E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant continued to possess marijuana until late 2003.
E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant had a pattern of criminal activity.
E2.A5.1.3.2rejectedThe Falsification Was an Isolated IncidentThe applicant's omissions were not isolated and were significant.
E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the FalsificationThe applicant's rectification was not prompt.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the security guidelines contained in the Directive.”

Procedural Posture

SOR issuedOct 4, 2004
Answer filedOct 19, 2004
Hearing heldApr 11, 2005
Decision dateAug 5, 2005

Cite For

Denial Based on a Pattern of Drug Abuse and Criminal Conduct
Importance of Full Disclosure on Security Clearance Applications
Impact of Past Behavior on Current Security Clearance Eligibility

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	The deliberate omission, concealment, or falsification of relevant and material 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	Criminal Conduct	Denied	—	—	—
3.b	The deliberate omission, concealment, or falsification of relevant and material 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	—	—	—
3.c	The deliberate omission, concealment, or falsification of relevant and material 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	—	—	—
3.d	The deliberate omission, concealment, or falsification of relevant and material 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	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The deliberate omission, concealment, or falsification of relevant and material 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

Criminal Conduct

Denied

—

3.b

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

3.c

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

3.d

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant used marijuana from age 16 until October or November 2003, including after he applied for a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Regular	Denied	—	(c) prescription abuse followed a prolonged illness and has since ended	—
1.b	The applicant was convicted of illegal possession of marijuana in July 1998 and January 1999.	For Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Denied	—	(c) prescription abuse followed a prolonged illness and has since ended	—
1.c	The applicant continued to use marijuana after he applied for a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Regular	Denied	—	(c) prescription abuse followed a prolonged illness and has since ended	—
1.d	The applicant has shown a favorable change in his drinking habits and has abstained from illegal drugs since October or November 2003.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Denied	—	(c) prescription abuse followed a prolonged illness and has since ended	—
1.e	The applicant has no intent to use illegal drugs in the future.	For Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Denied	—	(c) prescription abuse followed a prolonged illness and has since ended	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant used marijuana from age 16 until October or November 2003, including after he applied for a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Regular

Denied

—

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

—

1.b

The applicant was convicted of illegal possession of marijuana in July 1998 and January 1999.

For Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Denied

—

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

—

1.c

The applicant continued to use marijuana after he applied for a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Regular

Denied

—

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

—

1.d

The applicant has shown a favorable change in his drinking habits and has abstained from illegal drugs since October or November 2003.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Denied

—

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

—

1.e

The applicant has no intent to use illegal drugs in the future.

For Applicant

Stated Intent to Use AgainWHILE CLEARED

Not Applicable

Denied

—

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.e	5 sub-charges — specific text not stated in this decision (1 against, 4 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.e

5 sub-charges — specific text not stated in this decision (1 against, 4 for the applicant).

Mixed

—

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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