ISCR Case 03-22504.h1

Case Headnote

ISCR Case No. 03-22504.h1

deniedJul 13, 2005· Hon. Thomas M. Crean· hearing

Summary

A 26-year-old electronics technician for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from multiple instances of falsification on security clearance applications and inconsistent admissions of illegal drug use.

Specifically, the applicant failed to disclose a previous job termination on two applications and initially omitted all drug use from his first application. While he later admitted to marijuana use on his second application and in a first interview, he subsequently admitted to using marijuana, cocaine, and crack cocaine in a second interview. He also provided false information to investigators regarding his drug use and failed to correct the inaccuracies on his applications. Additionally, the applicant admitted to threatening a former employer.

Further concerns arose from a September 1998 arrest and January 1999 conviction for driving under the influence of alcohol, for which he successfully completed a diversion program involving alcohol abuse treatment. The judge determined that the applicant failed to mitigate the security concerns related to his lack of candor and history of drug use, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant provided false information on two security clearance applications regarding job termination and drug use.
He admitted to using marijuana, cocaine, and crack cocaine, which raised significant security concerns.
The applicant did not demonstrate rehabilitation or a consistent narrative regarding his drug use.

Conditions Referenced

Disqualifying

E2.A5.1.2.1raisedReliable Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability
E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts

Key Rule Quoted

“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
— Egan, 484 U.S. at 531; see Directive ¶ E2.2.2.

Procedural Posture

SOR issuedDec 3, 2004
Answer filedDec 27, 2004Applicant denied all but one allegation under Guideline E.
Hearing held—Applicant elected to have the matter decided on the written record.
Decision dateJul 13, 2005

Cite For

Falsification of Security Clearance Applications Under Guideline E
Admissions of Illegal Drug Use Under Guideline J
Failure to Mitigate Security Concerns Related to Personal Conduct and Criminal Conduct

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
1.a	Applicant completed two security clearance applications and did not note on either one that he had been terminated from a previous job.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.b	He did not list any drug use on his first application, but did admit to marijuana use on his second application.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.c	He admitted in the first interview to marijuana use, but no other drug use.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.d	He admitted to marijuana, cocaine, and crack cocaine use in the second interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.e	Applicant threatened his former employer because he was angry.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.f	He was terminated for absences from the job.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.h	He provided false information to security investigators regarding his drug use.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.i	He did not make a good-faith effort to correct the false information on both security clearance applications.	Against Applicant	Failure to Cooperate with Security Processing	—	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.j	He has yet to tell a consistent story concerning his use of illegal drugs.	Against Applicant	Questionable Judgment General	—	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.k	Applicant falsified material facts in the DSS interview on April 19, 2001, by failing to disclose his full use of cocaine and crack cocaine.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
1.l	Applicant falsified material fact in that same interview by failing to disclose the threats to his former employer.	For Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant completed two security clearance applications and did not note on either one that he had been terminated from a previous job.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

—

1.b

He did not list any drug use on his first application, but did admit to marijuana use on his second application.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

—

1.c

He admitted in the first interview to marijuana use, but no other drug use.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

—

1.d

He admitted to marijuana, cocaine, and crack cocaine use in the second interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

—

1.e

Applicant threatened his former employer because he was angry.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

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

—

1.f

He was terminated for absences from the job.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

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

—

1.h

He provided false information to security investigators regarding his drug use.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

—

1.i

He did not make a good-faith effort to correct the false information on both security clearance applications.

Against Applicant

Failure to Cooperate with Security Processing

—

Denied

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

—

1.j

He has yet to tell a consistent story concerning his use of illegal drugs.

Against Applicant

Questionable Judgment General

—

Denied

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

—

1.k

Applicant falsified material facts in the DSS interview on April 19, 2001, by failing to disclose his full use of cocaine and crack cocaine.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

1.l

Applicant falsified material fact in that same interview by failing to disclose the threats to his former employer.

For Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested for driving under the influence of alcohol in September 1998, and convicted in January 1999. He received a diversion sentence requiring him to undergo alcohol abuse treatment which he successfully completed.	Against Applicant	DUI or DWI Criminal	Convicted	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

2.a

Applicant was arrested for driving under the influence of alcohol in September 1998, and convicted in January 1999. He received a diversion sentence requiring him to undergo alcohol abuse treatment which he successfully completed.

Against Applicant

DUI or DWI Criminal

Convicted

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

CONCLUSION

FOOTNOTES

POLICIES

FORMAL FINDINGS

DECISION