ISCR Case 03-21320.h1

Case Headnote

ISCR Case No. 03-21320.h1

deniedJan 26, 2006· Hon. Michael H. Leonard· hearing

Summary

A 58-year-old software engineer's security clearance was denied due to a long history of illegal drug use and deliberate misrepresentation of that history. The denial was based on Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).

The applicant had a more than 30-year history of illegal drug use, including marijuana, heroin, speed, cocaine, and hashish, with his last reported use of marijuana in May 2001. He admitted to using illegal drugs while holding a security clearance in the Army and while employed by defense contractors between 1994 and 1996. His involvement also included the purchase and sale of marijuana.

Crucially, the applicant intentionally provided false and misleading information about his drug history on security-clearance applications in May 2000, April 2001, and January 2002, as well as in a sworn statement in February 2002. He also falsely denied drug use in a September 1994 interview and omitted it in June 2000 and June 2001 interviews. This deliberate falsification, which constitutes criminal conduct under 18 U.S.C. § 1001, was a primary factor in the decision to deny the clearance.

Why the Applicant Was Denied

Applicant has a more than 30-year history of illegal drug involvement, including use while holding a security clearance.
Applicant intentionally falsified his drug history in security-clearance applications and interviews, raising significant trustworthiness concerns.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedAny Drug Abuse.
E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator.
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.

Mitigating

E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent.
E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.

Key Rule Quoted

“The decision to deny a person a security clearance is not a determination of an applicant's loyalty. Instead, it is a determination that the applicant has not met the strict guidelines the President has established for granting a clearance.”

Procedural Posture

SOR issuedDec 20, 2004
Answer filedJan 19, 2005
Hearing heldAug 5, 2005Applicant appeared pro se.
Decision dateJan 26, 2006

Cite For

Long-standing History of Illegal Drug Involvement as a Disqualifying Factor Under Guideline H
Deliberate Falsification of Information in Security-clearance Applications as a Disqualifying Factor Under Guideline E
Criminal Conduct Related to Misrepresentation of Drug History as a Disqualifying Factor Under Guideline J

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	Applicant deliberately provided false and misleading information about his history of illegal drug involvement when he completed security-clearance applications and during official interviews.	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	Applicant intentionally falsified his answers about illegal drug use and involvement (purchase and sale) when he completed security-clearance applications in May 2000, April 2001, and January 2002, as well as his sworn statement in February 2002.	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.c	Applicant falsely denied ever using any kind of illegal drug in a September 1994 interview and deliberately omitted using any kind of illegal drug in June 2000 and June 2001 interviews.	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.d–2.h	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately provided false and misleading information about his history of illegal drug involvement when he completed security-clearance applications and during official interviews.

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

Applicant intentionally falsified his answers about illegal drug use and involvement (purchase and sale) when he completed security-clearance applications in May 2000, April 2001, and January 2002, as well as his sworn statement in February 2002.

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.c

Applicant falsely denied ever using any kind of illegal drug in a September 1994 interview and deliberately omitted using any kind of illegal drug in June 2000 and June 2001 interviews.

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.d–2.h

5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant has a long-standing history of illegal drug use, which included marijuana, heroin, speed, cocaine, and hashish.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	The applicant's last involvement with illegal drugs was in May 2001 when he used marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.c	The applicant admitted to using illegal drugs while holding a security clearance while in the Army, and while employed by defense contractors during 1994 - 1996.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	The applicant admitted intentionally falsifying his answers about illegal drug use and involvement when he completed security-clearance applications in May 2000, April 2001, and January 2002.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
1.e	The applicant made false statements about his illegal drug history in interviews conducted during official background investigations.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
1.f	The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—
1.g	The applicant's drug abuse took place at times while he held a security clearance.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Not Applicable	Unknown	—	—	—
1.h	The applicant's illegal drug involvement may be considered not recent due to his last use being in May 2001.	Against Applicant	Marijuana	Not Applicable	Unknown	—	—	—
1.i	The applicant receives some credit based on his abstaining from using marijuana and any other illegal drug.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—
1.j	The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—
1.k	The applicant's long-standing history of illegal drug involvement raises security concerns.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—
1.l	The applicant's drug of choice was marijuana, which he used from about 1969 to May 2001.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.m	The applicant's illegal drug involvement also includes the purchase and sale of marijuana, although there is no evidence Applicant was a drug dealer.	Against Applicant	Marijuana	Not Applicable	Unknown	—	—	—
1.n	The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant has a long-standing history of illegal drug use, which included marijuana, heroin, speed, cocaine, and hashish.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

The applicant's last involvement with illegal drugs was in May 2001 when he used marijuana.

Against Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

—

1.c

The applicant admitted to using illegal drugs while holding a security clearance while in the Army, and while employed by defense contractors during 1994 - 1996.

Against Applicant

MarijuanaWHILE CLEARED

Not Applicable

Admitted

—

1.d

The applicant admitted intentionally falsifying his answers about illegal drug use and involvement when he completed security-clearance applications in May 2000, April 2001, and January 2002.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

1.e

The applicant made false statements about his illegal drug history in interviews conducted during official background investigations.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

1.f

The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

1.g

The applicant's drug abuse took place at times while he held a security clearance.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Not Applicable

Unknown

—

1.h

The applicant's illegal drug involvement may be considered not recent due to his last use being in May 2001.

Against Applicant

Marijuana

Not Applicable

Unknown

—

1.i

The applicant receives some credit based on his abstaining from using marijuana and any other illegal drug.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

1.j

The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

1.k

The applicant's long-standing history of illegal drug involvement raises security concerns.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

1.l

The applicant's drug of choice was marijuana, which he used from about 1969 to May 2001.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.m

The applicant's illegal drug involvement also includes the purchase and sale of marijuana, although there is no evidence Applicant was a drug dealer.

Against Applicant

Marijuana

Not Applicable

Unknown

—

1.n

The applicant's illegal drug involvement is indicative of irresponsible behavior and poor judgment, and it calls into question his willingness or ability to follow the law.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant engaged in criminal conduct by providing false and misleading information about his illegal drug history in violation of 18 U.S.C. § 1001, which is a felony offense.	Against Applicant	Unspecified Criminal Conduct	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 engaged in criminal conduct by providing false and misleading information about his illegal drug history in violation of 18 U.S.C. § 1001, which is a felony offense.

Against Applicant

Unspecified Criminal Conduct

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES