ISCR Case 06-06558.h1

Case Headnote

ISCR Case No. 06-06558.h1

deniedOct 24, 2006· Hon. Joseph Testan· hearing

Summary

A 27-year-old defense contractor's security clearance application was denied due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The applicant's history included drug and alcohol abuse, along with intentional falsifications on his Security Clearance Application (SCA) and during a subsequent interview.

Specifically, the applicant intentionally provided false information on his March 23, 2004 SCA and during an August 2005 interview. He failed to disclose a 1997 drug-related charge and deliberately understated the extent of his marijuana use, which occurred with varying frequency, at times daily, from 1996 to at least May 2005. He also tested positive for marijuana during 2005 drug treatment.

Regarding alcohol, the applicant consumed alcohol, often to excess, from approximately October 2001 to at least August 2005, despite receiving alcohol-related treatment in 2002. He was convicted of Driving While Intoxicated in both 2001 and 2005. The judge found that the applicant's recent conduct and dishonesty, including his continued alcohol consumption and the intentional falsifications, precluded a favorable security clearance decision.

Why the Applicant Was Denied

The applicant had a history of drug abuse, including daily marijuana use until May 2005, and admitted to a positive drug test.
The applicant consumed alcohol excessively and had multiple DUI convictions, reflecting poorly on his judgment and reliability.
The applicant intentionally falsified material information on his Security Clearance Application and during an interview, undermining his credibility.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work, Such as Driving Under the Influence, Fighting, Child or Spouse Abuse, or Other Criminal Incidents Related to Alcohol Use
E2.A7.1.2.5raisedHabitual or Binge Consumption of Alcohol to the Point of Impaired Judgment
E2.A8.1.2.1raisedAny Drug Abuse
E2.A8.1.2.2raisedIllegal Drug Possession

Key Rule Quoted

“When such an individual intentionally falsifies material facts on a security clearance application, or during a face-to-face interview with a DoD Investigator, it is extremely difficult to conclude that he or she nevertheless possesses the good judgment, reliability and trustworthiness required of clearance holders.”

Procedural Posture

SOR issuedMay 25, 2006
Answer filedJun 13, 2006Applicant elected to have the case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateOct 24, 2006

Cite For

Impact of Intentional Falsification on Security Clearance Eligibility
Assessment of Drug and Alcohol Abuse Under Guidelines G and H
Credibility Issues Arising From Uncorroborated Statements of Reform

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	Applicant intentionally provided false, material information to the Government in response to two questions on an SCA he executed on March 23, 2004, and during an August 2005 interview with a DoD investigator.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	In response to Question 24, he failed to disclose that he was charged in 1997 with a drug-related offense.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	In response to Question 27, he deliberately downplayed the extent and duration of his marijuana use when he stated he used it three times between June 1996 and June 1998.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	During an August 2005 interview, applicant admitted in his SOR response that he deliberately falsified material facts when he told the investigator he used marijuana approximately '1 to 3 times' after his 1997 drug-related arrest.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.a	Applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately October 2001 to at least August 2005.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	Applicant was convicted of Driving While Intoxicated in 2001 and in 2005.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
3.a	Applicant's falsifications of material facts on the SCA, and during his interview with a DoD investigator, are extremely troubling.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant intentionally provided false, material information to the Government in response to two questions on an SCA he executed on March 23, 2004, and during an August 2005 interview with a DoD investigator.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

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

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

—

1.b

In response to Question 24, he failed to disclose that he was charged in 1997 with a drug-related offense.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

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

—

1.c

In response to Question 27, he deliberately downplayed the extent and duration of his marijuana use when he stated he used it three times between June 1996 and June 1998.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

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

—

1.d

During an August 2005 interview, applicant admitted in his SOR response that he deliberately falsified material facts when he told the investigator he used marijuana approximately '1 to 3 times' after his 1997 drug-related arrest.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

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

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

—

2.a

Applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

—

2.b

Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately October 2001 to at least August 2005.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

—

2.c

Applicant was convicted of Driving While Intoxicated in 2001 and in 2005.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

—

3.a

Applicant's falsifications of material facts on the SCA, and during his interview with a DoD investigator, are extremely troubling.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

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

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately October 2001 to at least August 2005.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (e) failure to follow treatment advice once diagnosed	—	—
2.b	The applicant was convicted of Driving While Intoxicated in 2001 and in 2005.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.c	The applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.	Against Applicant	Continued Use After Treatment	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
2.d	There is no evidence that the applicant consumed alcohol since August 2005.	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—
2.e	The applicant's claims of sobriety since August 2005 are not credible.	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately October 2001 to at least August 2005.

Against Applicant

Binge or Intoxication Pattern

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(e) failure to follow treatment advice once diagnosed

—

2.b

The applicant was convicted of Driving While Intoxicated in 2001 and in 2005.

Against Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

2.c

The applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.

Against Applicant

Continued Use After Treatment

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

—

2.d

There is no evidence that the applicant consumed alcohol since August 2005.

Against Applicant

Unspecified Alcohol Incident

Unknown

—

2.e

The applicant's claims of sobriety since August 2005 are not credible.

Against Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency, at times daily, from 1996 to at least May 2005.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Applicant tested positive for marijuana when drug tested as part of the drug treatment he received in 2005.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	Applicant was arrested for and charged with a marijuana-related crime in 1997.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d	Applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.e	Applicant intentionally provided false, material information to the Government in response to two questions on an SCA he executed on March 23, 2004, and during an August 2005 interview with a DoD investigator.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	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

1.a

Applicant used marijuana with varying frequency, at times daily, from 1996 to at least May 2005.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

Applicant tested positive for marijuana when drug tested as part of the drug treatment he received in 2005.

Against Applicant

Drug Test FailureWHILE CLEARED

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

Applicant was arrested for and charged with a marijuana-related crime in 1997.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d

Applicant continued to consume alcohol after receiving alcohol-related treatment in 2002.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.e

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

(a) any substance misuse

(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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES