ISCR Case 04-03393.h1

Case Headnote

ISCR Case No. 04-03393.h1

deniedMay 12, 2006· Hon. Juan J. Rivera· hearing

Summary

A 53-year-old male applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple instances of deliberate non-disclosure on his SF 86 in April 2002. Specifically, he failed to report a 1972 marijuana conviction, a 1976 marijuana charge, and his marijuana use from 1991 to 2001, as well as cocaine use during 1996-1997.

Further omissions included a 1996 job suspension for cocaine use, mandatory drug education, and his 1997 termination after two positive drug tests while in rehabilitation. The applicant's explanations for these omissions, citing forgetfulness, were deemed unconvincing given the circumstances.

The applicant also had a history of criminal conduct between 1972 and 1992, including a concealed weapon charge/conviction and three drug-related offenses. He used marijuana from 1991-1995 and 1996-2001, brought drugs into a federal enclave, and used cocaine in 1996-1997, leading to his job termination. Despite claims of rehabilitation, the judge found insufficient evidence to mitigate the security concerns, concluding that the applicant's long history of criminal behavior and deliberate falsification on his SF 86 warranted the denial.

Why the Applicant Was Denied

Applicant had a long history of criminal behavior, including multiple drug-related offenses and a conviction for carrying a concealed weapon.
He deliberately failed to disclose significant aspects of his criminal history on his SF 86, which was deemed a knowing and intentional act of falsification.
The judge found that the applicant did not demonstrate clear evidence of successful rehabilitation or a change in behavior sufficient to mitigate security concerns.

Conditions Referenced

Disqualifying

DC 1raisedAllegations or Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress

Mitigating

MC 1appliedThe Criminal Behavior Is Not RecentThe applicant had not been involved in any misconduct since 2002.

Key Rule Quoted

“The presence or absence of a disqualifying or mitigating condition is not determinative of a conclusion for or against an Applicant.”
— Directive, E2.2.1.

Procedural Posture

SOR issuedJul 26, 2005
Answer filedAug 23, 2005
Hearing held—Decision based on written record without a hearing.
Decision dateMay 12, 2006

Cite For

Long History of Criminal Conduct Under Guideline J
Deliberate Falsification of Security Clearance Application Under Guideline E
Insufficient Evidence of Rehabilitation to Mitigate Security Concerns.

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	In April 2002, Applicant deliberately failed to disclose parts of his past drug related behavior on his SF 86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	Applicant deliberately failed to disclose that in 1972 he was convicted for possession of marijuana, and that in 1976 he was charged with possession of marijuana.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	Applicant deliberately failed to disclose, however, that he used marijuana with varying frequency from 1991 to at least 2001, and that he used cocaine with varying frequency during 1996-1997.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.d	He also failed to disclose his 1996 job suspension for using cocaine, that his employer required him to attend a drug education/rehabilitation course, and that he was fired from his job after testing positive twice for illegal drugs in 1997 while participating in drug rehabilitation.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.e	Applicant's explanations for his failure to disclose the information, i.e., that he forgot his prior charges/convictions, ring hollow in light of the totality of the facts and circumstances.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In April 2002, Applicant deliberately failed to disclose parts of his past drug related behavior on his SF 86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

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

—

1.b

Applicant deliberately failed to disclose that in 1972 he was convicted for possession of marijuana, and that in 1976 he was charged with possession of marijuana.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

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

—

1.c

Applicant deliberately failed to disclose, however, that he used marijuana with varying frequency from 1991 to at least 2001, and that he used cocaine with varying frequency during 1996-1997.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.d

He also failed to disclose his 1996 job suspension for using cocaine, that his employer required him to attend a drug education/rehabilitation course, and that he was fired from his job after testing positive twice for illegal drugs in 1997 while participating in drug rehabilitation.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

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

—

1.e

Applicant's explanations for his failure to disclose the information, i.e., that he forgot his prior charges/convictions, ring hollow in light of the totality of the facts and circumstances.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Between 1972 and 1992, Applicant was either charged with or convicted of carrying a concealed weapon and three drug related offenses.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	He used marijuana from 1991 to 1995, and from 1996 to 2001, and brought drugs into a federal enclave.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.c	Further, he used cocaine during 1996-1997, and was fired from his job after testing positive for cocaine.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.d	In 2002, he deliberately failed to disclose parts of his past drug related behavior on his SF 86.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Between 1972 and 1992, Applicant was either charged with or convicted of carrying a concealed weapon and three drug related offenses.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

2.b

He used marijuana from 1991 to 1995, and from 1996 to 2001, and brought drugs into a federal enclave.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

2.c

Further, he used cocaine during 1996-1997, and was fired from his job after testing positive for cocaine.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

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

—

2.d

In 2002, he deliberately failed to disclose parts of his past drug related behavior on his SF 86.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

Loading case…

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