ISCR Case 04-03017.h1

Case Headnote

ISCR Case No. 04-03017.h1

deniedMar 18, 2005· Hon. Robert Robinson Gales· hearing

Summary

A 26-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) due to repeated falsifications and omissions concerning his past illegal substance abuse. The applicant made these misrepresentations on a security questionnaire and during two interviews conducted in October 2000, January 2002, and January 2004.

Specifically, the applicant falsely denied involvement in the illegal purchase or sale of substances on an SF 86 form and in a sworn statement to a Defense Security Service (DSS) special agent. He reaffirmed these denials in a subsequent interview. However, prior to a polygraph examination in January 2004, the applicant admitted to previously lying about his substance abuse, acknowledging his purchases and sales of marijuana.

The judge found that the applicant's repeated falsifications and concealments, with admissions of dishonesty only occurring when confronted with a polygraph, raised serious doubts about his trustworthiness and reliability. This pattern of deceptive actions was deemed a significant risk to national security, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant repeatedly falsified and concealed material facts regarding his substance abuse history on multiple occasions.
His admissions of dishonesty were made only when confronted with a polygraph examination, indicating a lack of candor.
The pattern of deceptive actions demonstrated a serious potential risk to national security.

Conditions Referenced

Disqualifying

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.A5.1.2.4raisedConcealment of Information That Increases Vulnerability to Coercion or Exploitation
E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations

Mitigating

E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the FactsThe applicant's eventual admission was insufficient to mitigate the impact of his prior falsifications.

Key Rule Quoted

“Complete honesty and candor on the part of applicants for access to classified information is essential to make an accurate, meaningful security clearance determination.”

Procedural Posture

SOR issuedJul 29, 2004
Answer filedSep 2, 2004Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decision based on written record.
Decision dateMar 18, 2005

Cite For

Denial of Clearance Due to Repeated Dishonesty Under Guideline E
Importance of Candor in Security Clearance Applications
Impact of Substance Abuse History on Security 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
1.a	Applicant's repeated falsifications, omissions, and concealments in October 2000, January 2002, and January 2004, made under certification or oath, on a security questionnaire and during two interviews, regarding his past illegal substance abuse.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	In that same SF 86, in response to an inquiry pertaining to ever being involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of a variety of illegal substances, Applicant responded 'no.' He again certified that his response was true, complete, and accurate. It was not, for he had omitted and concealed his purchase and sales of marijuana.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	In January 2002, Applicant was interviewed by a special agent of the Defense Security Service (DSS). In that sworn statement, Applicant denied ever contributing to the purchase of marijuana and stated 'I have not been involved in any distribution, purchase, sale, or manufacturing of any illegal drugs.' He swore and attested that his statement was accurate and complete as well as correct and true. It was not, for he had deliberately falsified material facts and intentionally omitted and concealed his purchase and sales of marijuana.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.d	In January 2004, prior to being administered a polygraph examination, Applicant was again interviewed by a DSS special agent regarding his past substance abuse. He reaffirmed his January 2002 statement in which he denied any past involvement in the purchase or sale, etc., of any illegal substances. After that interview was concluded, Applicant signed a sworn statement in which he admitted previously lying about his substance abuse out of concerns about his security clearance, and acknowledged his purchases and sales of marijuana.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant's repeated falsifications, omissions, and concealments in October 2000, January 2002, and January 2004, made under certification or oath, on a security questionnaire and during two interviews, regarding his past illegal substance abuse.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

In that same SF 86, in response to an inquiry pertaining to ever being involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of a variety of illegal substances, Applicant responded 'no.' He again certified that his response was true, complete, and accurate. It was not, for he had omitted and concealed his purchase and sales of marijuana.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.c

In January 2002, Applicant was interviewed by a special agent of the Defense Security Service (DSS). In that sworn statement, Applicant denied ever contributing to the purchase of marijuana and stated 'I have not been involved in any distribution, purchase, sale, or manufacturing of any illegal drugs.' He swore and attested that his statement was accurate and complete as well as correct and true. It was not, for he had deliberately falsified material facts and intentionally omitted and concealed his purchase and sales of marijuana.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.d

In January 2004, prior to being administered a polygraph examination, Applicant was again interviewed by a DSS special agent regarding his past substance abuse. He reaffirmed his January 2002 statement in which he denied any past involvement in the purchase or sale, etc., of any illegal substances. After that interview was concluded, Applicant signed a sworn statement in which he admitted previously lying about his substance abuse out of concerns about his security clearance, and acknowledged his purchases and sales of marijuana.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

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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