ISCR Case 04-11443.h1

Case Headnote

ISCR Case No. 04-11443.h1

deniedMar 23, 2006· Hon. Roger C. Wesley· hearing

Summary

This case involves a 50-year-old systems engineer whose security clearance application was denied due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of illegal drug use, including marijuana, mushrooms, peyote, LSD, hashish, and THC, spanning from 1971 to at least January 2003. This history included contributing money to drug purchases and an arrest for DUI in January 2003 after consuming alcohol, marijuana, and mushrooms.

A primary concern was the applicant's repeated and intentional omissions of this drug use on his security clearance applications (SF-86s) in October 1990 and June/July 2003. He falsely denied using illegal substances on both forms. While the applicant committed to abstain from drug use if granted a clearance, and some mitigating factors related to the passage of time and personal rehabilitation were considered, they were insufficient to overcome the judge's findings.

The judge determined that the applicant's omissions were knowing, intentional, and material to his background investigations. The applicant's claims of misunderstanding the term "illegal use" were deemed not credible given his education and background. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant knowingly and intentionally omitted his history of illegal drug use in multiple security clearance applications.
The judge found that the applicant's omissions were material to his background investigations and not mitigated under Guideline E.
The applicant's claims of misunderstanding regarding the term 'illegal use' were not credible given his education and background.

Conditions Referenced

Disqualifying

E2.A5.1.2raisedFalsification of Security Clearance Application
H2.A5.1.1raisedIllegal Drug Involvement
J2.A5.1.1raisedCriminal Conduct

Mitigating

E2.A5.2.1rejectedThe Passage of Time Since the Last Drug UseThe judge found that the passage of time did not mitigate the intentional omissions.
H2.A5.2.1appliedRehabilitation EffortsThe judge acknowledged personal rehabilitation but found it insufficient to outweigh the disqualifying factors.
J2.A5.2.1appliedNo Recent Criminal ConductThe judge noted the absence of recent criminal conduct but emphasized the significance of past behavior.

Key Rule Quoted

“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”

Procedural Posture

SOR issuedJul 11, 2005
Answer filedAug 19, 2005
Hearing heldNov 18, 2005
Decision dateMar 23, 2006

Cite For

Intentional Omissions of Drug Use in Security Clearance Applications Under Guideline E
Credibility of Applicant's Claims Regarding Misunderstanding of Drug Use Definitions
Impact of Past Criminal Conduct on 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
2.a	falsified his security clearance application (SF-86) of October 1990 by falsely denying using illegal substances (including marijuana, mushrooms, LSD, hashish, and THC)	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.b	falsified his SF-86 of June 2003 (amended to July 2003) by falsely denying his use of illegal substances (including marijuana, mushrooms, and peyote)	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

falsified his security clearance application (SF-86) of October 1990 by falsely denying using illegal substances (including marijuana, mushrooms, LSD, hashish, and THC)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.b

falsified his SF-86 of June 2003 (amended to July 2003) by falsely denying his use of illegal substances (including marijuana, mushrooms, and peyote)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana, with varying frequency, from about 1975 to at least January 2003	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.b	contributed money towards purchases of marijuana	For Applicant	Marijuana	Not Applicable	Denied	—	—	—
1.c	used mushrooms (psilocybin) with varying frequency, to at least January 2003	For Applicant	Psilocybin	Occasional	Admitted	—	—	—
1.d	been arrested in January 2003 for DUI after having consumed alcohol and used marijuana and mushrooms prior to his arrest	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
1.e	used peyote at least once in 2001 and 2002	For Applicant	Unspecified Drug Involvement	Experimental	Denied	—	—	—
1.f	used LSD at least once between 1975 and 1981	For Applicant	LSD	Experimental	Denied	—	—	—
1.g	used hashish, with varying frequency, to include weekly use, from 1971 to 1975	For Applicant	Marijuana	Frequent	Denied	—	—	—
1.h	used THC in 1975	For Applicant	Marijuana	Experimental	Denied	—	—	—
1.i	committed to abstain conditionally if granted a security clearance	For Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

used marijuana, with varying frequency, from about 1975 to at least January 2003

For Applicant

Marijuana

Occasional

Admitted

—

1.b

contributed money towards purchases of marijuana

For Applicant

Marijuana

Not Applicable

Denied

—

1.c

used mushrooms (psilocybin) with varying frequency, to at least January 2003

For Applicant

Psilocybin

Occasional

Admitted

—

1.d

been arrested in January 2003 for DUI after having consumed alcohol and used marijuana and mushrooms prior to his arrest

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

1.e

used peyote at least once in 2001 and 2002

For Applicant

Unspecified Drug Involvement

Experimental

Denied

—

1.f

used LSD at least once between 1975 and 1981

For Applicant

LSD

Experimental

Denied

—

1.g

used hashish, with varying frequency, to include weekly use, from 1971 to 1975

For Applicant

Marijuana

Frequent

Denied

—

1.h

used THC in 1975

For Applicant

Marijuana

Experimental

Denied

—

1.i

committed to abstain conditionally if granted a security clearance

For Applicant

Stated Intent to Use Again

Not Applicable

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

—

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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