ISCR Case 04-08312.h1

Case Headnote

ISCR Case No. 04-08312.h1

deniedFeb 10, 2005· Hon. Richard A. Cefola· hearing

Summary

A 43-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the Applicant's history of drug use and, critically, his failure to disclose this history on a December 1991 Security Clearance Application (SCA).

The Applicant's drug use began around age 16 or 17 (approximately 1977) with biweekly to monthly marijuana use, which decreased during college (1979-1983). He reported a ten-year period of no marijuana use, but then used it approximately five times between 1997 and August 2002, including after being granted a Secret Security Clearance in October 1999. Additionally, he used and purchased LSD twice during college and cocaine once in the mid-1980s. In September 2002, the Applicant tested positive for marijuana during a random drug test, leading to a sworn statement in March 2004 where he finally disclosed his past drug abuse. He subsequently attended substance abuse counseling and stated he intends no future drug abuse.

Despite the Applicant's stated intent to abstain from future drug use and his participation in counseling, the Administrative Judge denied the clearance. The primary reason for denial was the Applicant's lack of candor on the 1991 SCA, where he failed to divulge his drug history. This omission, only revealed after he tested positive for marijuana, was deemed a significant security concern regarding his honesty and reliability.

Why the Applicant Was Denied

The Applicant was not candid about his past drug abuse when completing his Security Clearance Application.
The Applicant only disclosed his drug history after testing positive for marijuana during a random drug test.
The lack of candor regarding his drug use was considered a significant security concern.

Conditions Referenced

Disqualifying

H.1.araisedDrug Abuse
E.2.braisedDeliberate Omission or Concealment

Mitigating

H.2.aappliedNot Recent Drug Involvement
E.2.arejectedLack of Intent to Repeat ConductThe Applicant did not voluntarily provide correct information regarding his drug use.

Key Rule Quoted

“Personal Conduct is conduct involving questionable judgement, untrustworthiness, unreliability, or unwillingness to comply with rules and regulations.”

Procedural Posture

SOR issuedJul 21, 2004
Answer filedAug 4, 2004
Hearing heldN/ADetermined on a written record.
Decision dateFeb 10, 2005

Cite For

Issues of Candor in Security Clearance Applications Under Guideline E
Impact of Past Drug Involvement on Security Clearance Eligibility Under Guideline H
The Significance of Voluntary Disclosure in Security Clearance Determinations

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	In answer to question 20 on a December 1991 SCA, the Applicant failed to divulge any of his past drug abuse, as describe above (Item 4 at page 3). After testing positive for marijuana in September of 2002, the Applicant was confronted and executed a sworn statement in March of 2004, wherein he disclosed his past drug abuse (Item 5).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In answer to question 20 on a December 1991 SCA, the Applicant failed to divulge any of his past drug abuse, as describe above (Item 4 at page 3). After testing positive for marijuana in September of 2002, the Applicant was confronted and executed a sworn statement in March of 2004, wherein he disclosed his past drug abuse (Item 5).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant describes his marijuana involvement in the following terms: I first started using marijuana when I was approximately sixteen or seventeen years old [about 1977]. I would smoke one cigarette with friends at gatherings or social events on a biweekly to monthly basis. My usage dropped off in college (1979 to 1983) whereby I used it only a couple of times a year. I did not use marijuana at all for approximately ten years. From approximately 1997 to Aug 02, I estimate I smoked marijuana five times.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.b	The Applicant was granted a Secret Security Clearance in October of 1999, and used marijuana subsequent to this grant, as described above.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.c	The Applicant also used and purchased LSD twice while in college (1979 to 1983), and he used and purchased cocaine once in the mid 1980s.	For Applicant	LSD	Experimental	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	—
1.d	The Applicant tested positive for marijuana during a random drug test in September of 2002.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	The Applicant intends no future drug abuse.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	—
1.f	The Applicant was confronted and executed a sworn statement in March of 2004, wherein he disclosed his past drug abuse.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.g	The Applicant attended substance abuse counseling subsequent to testing positive.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	Claimed Substance Treatment Completed
2.a	In answer to question 20 on a December 1991 SCA, the Applicant failed to divulge any of his past drug abuse, as describe above.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant describes his marijuana involvement in the following terms: I first started using marijuana when I was approximately sixteen or seventeen years old [about 1977]. I would smoke one cigarette with friends at gatherings or social events on a biweekly to monthly basis. My usage dropped off in college (1979 to 1983) whereby I used it only a couple of times a year. I did not use marijuana at all for approximately ten years. From approximately 1997 to Aug 02, I estimate I smoked marijuana five times.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.b

The Applicant was granted a Secret Security Clearance in October of 1999, and used marijuana subsequent to this grant, as described above.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.c

The Applicant also used and purchased LSD twice while in college (1979 to 1983), and he used and purchased cocaine once in the mid 1980s.

For Applicant

LSD

Experimental

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

—

1.d

The Applicant tested positive for marijuana during a random drug test in September of 2002.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

—

1.e

The Applicant intends no future drug abuse.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

1.f

The Applicant was confronted and executed a sworn statement in March of 2004, wherein he disclosed his past drug abuse.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.g

The Applicant attended substance abuse counseling subsequent to testing positive.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

Claimed

Substance Treatment Completed

2.a

In answer to question 20 on a December 1991 SCA, the Applicant failed to divulge any of his past drug abuse, as describe above.

Against Applicant

Unspecified Drug Involvement

Unspecified

Admitted

(b) testing positive for an illegal drug

—

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES