ISCR Case 03-25403.h1

Case Headnote

ISCR Case No. 03-25403.h1

deniedFeb 7, 2005· Hon. Richard A. Cefola· hearing

Summary

A 44-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of excessive alcohol consumption, drug involvement, and willful falsifications on her security clearance applications regarding her drug use and prior alcohol-related offenses.

Specifically, the applicant consumed alcohol to excess from approximately 1976 until her last alcohol-related arrest in January 2003. This history included five arrests: DUI in December 1982, DUI and having .08% More Weight of Alcohol While Driving a Vehicle in October 1988, DUI in July 1990, having .08% More Weight of Alcohol While Driving a Vehicle in May 1992, and DUI (amended to Driving While Ability Impaired) in January 2003.

Furthermore, the applicant failed to disclose marijuana usage on her August 2000 Security Clearance Application, specifically regarding use in the preceding seven years and after being granted a Secret Security Clearance in March 1988. While she later disclosed some marijuana use between 1996 and 2000 on a November 2001 application and in an interview, her initial lack of candor, combined with her extensive history of alcohol-related criminal conduct, led to the denial of her security clearance.

Why the Applicant Was Denied

The Applicant was less than candid about her drug involvement on her Security Clearance Application.
She has a long history of excessive alcohol consumption, evidenced by five alcohol-related arrests.
The Applicant's recent criminal conduct and pattern of questionable personal conduct did not show sufficient mitigation.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol-related Conditions Away From Work, Such as Driving While Under the Influence or Other Criminal Incidents Related to Alcohol Use.
H.2.araisedDrug Abuse.
H.2.braisedIllegal Purchase of Drugs.
E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
E.2.braisedPattern of Dishonesty.
J.1.araisedAdmissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
J.1.braisedSingle Serious Crime or Multiple Lesser Offenses.

Mitigating

H.1appliedThe Drug Involvement Was Not Recent.
E.2.crejectedThe Applicant Has Shown Evidence of Rehabilitation.
J.2rejectedThe Applicant Has Demonstrated a Positive Change in Behavior.

Key Rule Quoted

“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”

Procedural Posture

SOR issuedAug 9, 2004
Answer filedAug 31, 2004
Hearing held—Determined on a written record in lieu of a hearing.
Decision dateFeb 7, 2005

Cite For

Willful Falsification of Security Clearance Application Under Guideline E
Pattern of Excessive Alcohol Consumption Under Guideline G
Recent Criminal Conduct Impacting Security Clearance Eligibility 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
3.a	In answering question 27 on her August 2000 SCA, the Applicant failed to disclose any of her marijuana usage "in the last 7 years".	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
3.b	In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
3.c–3.e	3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In answering question 27 on her August 2000 SCA, the Applicant failed to disclose any of her marijuana usage "in the last 7 years".

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.b

In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

—

3.c–3.e

3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant). (low confidence)

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1976 until her last alcohol related arrest in January of 2003.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.b	In December of 1982, the Applicant was arrested for, and subsequently pled guilty to, Driving Under the Influence of Alcohol (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.c	In October of 1988, the Applicant was arrested for DUI and for having .08% More Weight of Alcohol While Driving a Vehicle.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.d	In July of 1990, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to this charge.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.e	In May of 1992, the Applicant was arrested, in part, for having .08% More Weight of Alcohol While Driving a Vehicle, and subsequently pled no contest to this charge.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
1.f	More recently, in January of 2003, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to an amended charge of Driving While Ability Impaired.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1976 until her last alcohol related arrest in January of 2003.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.b

In December of 1982, the Applicant was arrested for, and subsequently pled guilty to, Driving Under the Influence of Alcohol (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.c

In October of 1988, the Applicant was arrested for DUI and for having .08% More Weight of Alcohol While Driving a Vehicle.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.d

In July of 1990, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to this charge.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.e

In May of 1992, the Applicant was arrested, in part, for having .08% More Weight of Alcohol While Driving a Vehicle, and subsequently pled no contest to this charge.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

1.f

More recently, in January of 2003, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to an amended charge of Driving While Ability Impaired.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1976 until her last alcohol related arrest in January of 2003.	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	—	—
1.b	In December of 1982, the Applicant was arrested for, and subsequently pled guilty to, Driving Under the Influence of Alcohol (DUI).	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	—	—
1.c	In October of 1988, the Applicant was arrested for DUI and for having .08% More Weight of Alcohol While Driving a Vehicle.	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	—	—
1.d	In July of 1990, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to this charge.	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	—	—
1.e	In May of 1992, the Applicant was arrested, in part, for having .08% More Weight of Alcohol While Driving a Vehicle, and subsequently pled no contest to this charge.	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	—	—
1.f	More recently, in January of 2003, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to an amended charge of Driving While Ability Impaired.	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	—	—
3.a	In answering question 27 on her August 2000 SCA, the Applicant failed to disclose any of her marijuana usage "in the last 7 years".	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.b	In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.c	In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.d	In answering question 27 on her November 2001 SCA, the Applicant disclosed that she used marijuana on three to four occasions between January of 1996 and December of 2000.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
3.e	In an interview with an authorized investigator for the Department of Defense, the Applicant again averred that she used marijuana on three to four occasions between 1996 and 2000.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1976 until her last alcohol related arrest in January of 2003.

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

—

1.b

In December of 1982, the Applicant was arrested for, and subsequently pled guilty to, Driving Under the Influence of Alcohol (DUI).

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

—

1.c

In October of 1988, the Applicant was arrested for DUI and for having .08% More Weight of Alcohol While Driving a Vehicle.

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

—

1.d

In July of 1990, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to this charge.

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

—

1.e

In May of 1992, the Applicant was arrested, in part, for having .08% More Weight of Alcohol While Driving a Vehicle, and subsequently pled no contest to this charge.

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

—

1.f

More recently, in January of 2003, the Applicant was arrested, in part, for DUI, and subsequently pled guilty to an amended charge of Driving While Ability Impaired.

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

—

3.a

In answering question 27 on her August 2000 SCA, the Applicant failed to disclose any of her marijuana usage "in the last 7 years".

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

—

3.b

In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

—

3.c

In answering question 28 on her August 2000 SCA, the Applicant also failed to disclose her marijuana usage subsequent to being granted a Secret Security Clearance in March of 1988.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(b) evidence of criminal conduct, regardless of charge or conviction

—

3.d

In answering question 27 on her November 2001 SCA, the Applicant disclosed that she used marijuana on three to four occasions between January of 1996 and December of 2000.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

3.e

In an interview with an authorized investigator for the Department of Defense, the Applicant again averred that she used marijuana on three to four occasions between 1996 and 2000.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES