ISCR Case 05-10495.h1

Case Headnote

ISCR Case No. 05-10495.h1

deniedJun 22, 2006· Hon. Erin C. Hogan· hearing

Summary

A 29-year-old systems engineer was denied a TOP SECRET security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from his past marijuana use and deliberate omissions on multiple security clearance applications.

Specifically, the applicant falsified his February 2, 2000, security clearance application (SF 86) by answering "No" to a question about illegal drug involvement, despite using marijuana from approximately 1996 to at least February 2000. He also failed to disclose illegal drug use on his April 6, 2004, application and did not provide an accurate assessment of his drug use until August 2004. Furthermore, he used marijuana two to four times after being granted a security clearance, and his deliberate falsifications on the April 6, 2004, application were noted as a violation of Title 18, United States Code Section 1001.

Although the applicant had not used illegal drugs for over four years and expressed intent not to use them in the future, these assurances were deemed insufficient to mitigate the security concerns. The judge found that the security concerns based on personal conduct and criminal conduct, particularly the deliberate omissions and falsifications, were not mitigated, leading to the denial of the clearance.

Why the Applicant Was Denied

The applicant deliberately omitted his illegal drug use on security clearance applications, raising concerns about his honesty and reliability.
The applicant's admissions of past drug use and the deliberate falsification of his security clearance application were significant factors in the denial.
The applicant's assurances of not using illegal drugs in the future were insufficient to mitigate the security concerns.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A8.1.2.1raisedAny Drug Abuse
E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct

Mitigating

E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the FalsificationThe applicant's disclosure of his illegal drug use was not prompt.

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
— Executive Order 10865

Procedural Posture

SOR issuedNov 25, 2005
Answer filedDec 18, 2005Applicant responded to SOR allegations.
Hearing heldMay 1, 2006Hearing conducted as scheduled.
Decision dateJun 22, 2006

Cite For

Deliberate Omission of Drug Use on Security Clearance Applications Under Guideline E
Impact of Past Drug Use on Security Clearance Eligibility Under Guideline H
Significance of Honesty and Reliability in Security Clearance Determinations 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
1.a	You falsified material facts on a security clearance application (SF 86) you caused to be electronically submitted on or about February 2, 2000, on which you were required to reply to the following question: "29. Your Use of Illegal Drugs and Drug Activity - Drug Activity. In the last 7 years, have you been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of any narcotic, depressant, stimulant, hallucinogen, or cannabis for your own intended profit or that of another?" to which you answered "No"; whereas in truth, you deliberately failed to list that you used marijuana as set forth below: (1) You used marijuana with varying frequency, from approximately 1996 to at least February 2000.	For Applicant	Falsification Security Form	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.b	You failed to disclose your illegal drug use on your April 6, 2004, security clearance application in response to question 27 and question 28.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.c	You failed to provide an accurate assessment of your illegal drug use until August 2004.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

You falsified material facts on a security clearance application (SF 86) you caused to be electronically submitted on or about February 2, 2000, on which you were required to reply to the following question: "29. Your Use of Illegal Drugs and Drug Activity - Drug Activity. In the last 7 years, have you been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of any narcotic, depressant, stimulant, hallucinogen, or cannabis for your own intended profit or that of another?" to which you answered "No"; whereas in truth, you deliberately failed to list that you used marijuana as set forth below: (1) You used marijuana with varying frequency, from approximately 1996 to at least February 2000.

For Applicant

Falsification Security Form

Other

Admitted

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

—

1.b

You failed to disclose your illegal drug use on your April 6, 2004, security clearance application in response to question 27 and question 28.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

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

—

1.c

You failed to provide an accurate assessment of your illegal drug use until August 2004.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Between 1996 to early 2002, Applicant illegally used marijuana on various occasions.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
2.b	He used marijuana approximately two to four times after being granted a security clearance.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Between 1996 to early 2002, Applicant illegally used marijuana on various occasions.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

2.b

He used marijuana approximately two to four times after being granted a security clearance.

For Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant's deliberate falsifications on his April 6, 2004, security clearance application violates Title 18, United States Code Section 1001, a felony.	Against Applicant	Unspecified Criminal Conduct	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

3.a

Applicant's deliberate falsifications on his April 6, 2004, security clearance application violates Title 18, United States Code Section 1001, a felony.

Against Applicant

Unspecified Criminal Conduct

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES

APPEARANCES