ISCR Case 04-08939.h1

Case Headnote

ISCR Case No. 04-08939.h1

deniedMay 17, 2006· Hon. Charles D. Ablard· hearing

Summary

A 27-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the applicant's failure to report past drug use during his Air Force service and on his security clearance application (SF 86). This omission was also not disclosed to a security investigator, with the applicant claiming he forgot the information at the time.

The Statement of Reasons cited the applicant's failure to report drug use on his SF 86 and to an investigator, noting this constituted a pattern of dishonesty or rule violations. Furthermore, the applicant's criminal conduct in concealing this information and his drug use raised concerns under Guideline J regarding his judgment, reliability, and trustworthiness.

The judge found the applicant's explanation for these omissions to be not credible. The applicant's conduct raised significant security concerns regarding his judgment and reliability, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant failed to report drug use on his SF 86 and during an interview with an investigator.
The judge found the applicant's explanation for the omissions to be not credible.
The applicant's conduct raised security concerns regarding judgment and reliability.

Conditions Referenced

Disqualifying

E2.A5.1.1raisedQuestionable Judgment, Unreliability, and Unwillingness to Comply with Rules and Regulations
E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information to an Investigator
E2.A10.1.1raisedHistory or Pattern of Criminal Activity Creating Doubt About Judgment, Reliability, and Trustworthiness
E2.A10.1.2.1raisedAdmission of Criminal Conduct
E2.A10.1.2.2raisedSingle Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A10.1.3.1rejectedPassage of Time Since the Drug UseWhile the drug use was over six years ago, the recent conduct of concealing the information was disqualifying.

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedJun 7, 2005Received by Applicant on 06/14/2005
Answer filedJun 21, 2005Applicant elected to have the case decided on the written record.
Hearing held—No hearing; decided on the written record.
Decision dateMay 17, 2006

Cite For

Failure to Report Drug Use Under Guideline E
Issues of Personal Conduct and Criminal Conduct Under Guideline J
Credibility of Applicant's Explanations for Omissions in Security Clearance Applications

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	Failure to report drug use while in the Air Force and while holding a security clearance on his security clearance application (SF 86).	Against Applicant	Omission or Failure to DiscloseFOUND 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	—	—
1.b	Failed to report the information to a security investigator because he forgot it at the time.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	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	—	—
1.c	A pattern of dishonesty or rule violations.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	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	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Failure to report drug use while in the Air Force and while holding a security clearance on his security clearance application (SF 86).

Against Applicant

Omission or Failure to DiscloseFOUND 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

—

1.b

Failed to report the information to a security investigator because he forgot it at the time.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

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

—

1.c

A pattern of dishonesty or rule violations.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant's criminal conduct in failing to report the information and his use of drugs raises issues under Guideline J involving a history or pattern of criminal activity creating doubt about a person's judgment, reliability and trustworthiness.	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant's criminal conduct in failing to report the information and his use of drugs raises issues under Guideline J involving a history or pattern of criminal activity creating doubt about a person's judgment, reliability and trustworthiness.

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

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES