ISCR Case 96-0228.h1

Case Headnote

ISCR Case No. 96-0228.h1

deniedDec 31, 1996· Hon. Darlene Lokey Anderson· hearing

Summary

A 50-year-old flight test mechanic with a high school diploma and some college education sought to retain his Secret-level security clearance. The government alleged that the applicant was ineligible due to illegal drug involvement, personal conduct issues, and criminal conduct. Specifically, the applicant admitted to abusing various illegal drugs, including marijuana, methamphetamine, and cocaine, from approximately 1966 until at least October 1995. He was arrested for Possession of Marijuana in December 1973 and again in July 1993 for Possession of a Controlled Substance (a felony) and Possession of Marijuana (a misdemeanor).

The applicant also intentionally falsified material information on multiple security clearance applications dated September 15, 1986, February 8, 1990, and March 29, 1995, by denying illegal drug use. He also made a false statement during a December 9, 1986, interview with the Defense Investigative Service regarding his drug involvement. While he failed to list his 1993 arrest on an application, the judge found insufficient evidence to support that this specific omission was made in bad faith.

Ultimately, the applicant's security clearance was DENIED. The judge cited the applicant's long history of illegal drug abuse, which continued until October 1995, and his repeated dishonesty on security clearance applications and during an interview as significant factors. The judge concluded that the applicant's recent 14 months of drug abstinence were insufficient to demonstrate rehabilitation given the duration and severity of his past drug abuse.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use, including marijuana and methamphetamine, continuing until October 1995.
The applicant falsified material information on multiple security clearance applications and during an interview with the Defense Investigative Service.
The applicant's recent abstinence from drug use was insufficient to demonstrate rehabilitation given the duration and severity of his past drug abuse.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
EraisedPersonal Conduct
JraisedCriminal Conduct

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 an acceptable security risk.”

Procedural Posture

SOR issuedMay 1, 1996
Answer filedMay 8, 1996
Hearing heldSep 19, 1996
Decision dateDec 31, 1996

Cite For

Long History of Drug Abuse as a Disqualifying Factor Under Guideline H
Falsification of Security Clearance Applications as a Serious Concern Under Guideline E
Criminal Conduct Related to Dishonesty Impacting 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	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.b	On September 15, 1986, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's former involvement with illegal substances.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.c	During an interview with the Defense Investigative Service on December 9, 1986, the Applicant stated that he had nothing more to do with dangerous drugs or illegal substances since December 1973. This was a false statement to a material question pertaining to the Applicant's involvement with illegal drugs.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	—	—	—
2.d	On February 8, 1990, the Applicant completed an application for security clearance which required him to indicate whether he ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's involvement with illegal substances.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.e	On March 29, 1995, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's involvement with illegal substances.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.f	The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor. The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application. First, his attorney told him that the charges were dismissed and that there would be no record of the arrest. Second, the Applicant was concerned that if he did list the information, it might result in the loss of his security clearance. Given the fact that the Applicant had some uncertainty concerning whether he was required to list the arrest, I do not find that there is sufficient evidence in the record to support that the Applicant concealed this material information in bad faith.	For Applicant	Omission or Failure to Disclose	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.b

On September 15, 1986, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's former involvement with illegal substances.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.c

During an interview with the Defense Investigative Service on December 9, 1986, the Applicant stated that he had nothing more to do with dangerous drugs or illegal substances since December 1973. This was a false statement to a material question pertaining to the Applicant's involvement with illegal drugs.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

—

2.d

On February 8, 1990, the Applicant completed an application for security clearance which required him to indicate whether he ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's involvement with illegal substances.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.e

On March 29, 1995, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions. These were false answers to material questions pertaining to the Applicant's involvement with illegal substances.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.f

The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor. The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application. First, his attorney told him that the charges were dismissed and that there would be no record of the arrest. Second, the Applicant was concerned that if he did list the information, it might result in the loss of his security clearance. Given the fact that the Applicant had some uncertainty concerning whether he was required to list the arrest, I do not find that there is sufficient evidence in the record to support that the Applicant concealed this material information in bad faith.

For Applicant

Omission or Failure to Disclose

Criminal Conduct

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant has admitted to abusing a variety of illegal drugs from about 1966 to at least October 1995.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.b	The Applicant began using marijuana in 1966 on a weekend basis. This pattern of use continued until October 1995, except for a short period from July 1993 to April 1994 when the Applicant was attending a court ordered diversion program.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	On December 12, 1973, the Applicant was arrested for Possession of Marijuana.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.d	On July 27, 1993, the Applicant was arrested again for Possession of A Controlled Substance, a felony, in the state where it occurred, and Possession of marijuana, one ounce or less, a misdemeanor.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.e	The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.f	The Applicant understood at the time he received his security clearance that the Department of Defense prohibited the use of illegal drugs, however he continued to use and purchase marijuana, methamphetamine and cocaine.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.g	The Applicant last used methamphetamine in July 1993, just three and a half years ago.	For Applicant	MethamphetamineWHILE CLEARED	Regular	Admitted	—	—	—
1.h	The Applicant has not used cocaine since 1985 and has not used LSD since the 1960s.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.i	The Applicant has only been drug free for 14 months, and is battling a thirty year addiction to marijuana.	Against Applicant	Drug Diagnosed DisorderWHILE CLEARED	Not Applicable	Admitted	—	—	—
2.a	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.b	The Applicant responded "no" to both questions regarding illegal drug use on multiple security clearance applications.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.c	The Applicant stated that he falsified the application because he was in fear that he might not obtain his security clearance, and might ultimately lose his job.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.d	The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance on his application.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.e	The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.f	Given the fact that the Applicant had some uncertainty concerning whether he was required to list the arrest, I do not find that there is sufficient evidence in the record to support that the Applicant concealed this material information in bad faith.	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
2.g	The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
3.a	The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant has admitted to abusing a variety of illegal drugs from about 1966 to at least October 1995.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

1.b

The Applicant began using marijuana in 1966 on a weekend basis. This pattern of use continued until October 1995, except for a short period from July 1993 to April 1994 when the Applicant was attending a court ordered diversion program.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.c

On December 12, 1973, the Applicant was arrested for Possession of Marijuana.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.d

On July 27, 1993, the Applicant was arrested again for Possession of A Controlled Substance, a felony, in the state where it occurred, and Possession of marijuana, one ounce or less, a misdemeanor.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.e

The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

1.f

The Applicant understood at the time he received his security clearance that the Department of Defense prohibited the use of illegal drugs, however he continued to use and purchase marijuana, methamphetamine and cocaine.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

1.g

The Applicant last used methamphetamine in July 1993, just three and a half years ago.

For Applicant

MethamphetamineWHILE CLEARED

Regular

Admitted

—

1.h

The Applicant has not used cocaine since 1985 and has not used LSD since the 1960s.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Admitted

—

1.i

The Applicant has only been drug free for 14 months, and is battling a thirty year addiction to marijuana.

Against Applicant

Drug Diagnosed DisorderWHILE CLEARED

Not Applicable

Admitted

—

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.b

The Applicant responded "no" to both questions regarding illegal drug use on multiple security clearance applications.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.c

The Applicant stated that he falsified the application because he was in fear that he might not obtain his security clearance, and might ultimately lose his job.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.d

The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance on his application.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.e

The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.f

Given the fact that the Applicant had some uncertainty concerning whether he was required to list the arrest, I do not find that there is sufficient evidence in the record to support that the Applicant concealed this material information in bad faith.

For Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

2.g

The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

3.a

The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Government alleges that the Applicant is ineligible for clearance because he abuses illegal substances.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	On December 12, 1973, the Applicant was arrested for Possession of Marijuana.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	On July 27, 1993, the Applicant was arrested again for Possession of A Controlled Substance, a felony, in the state where it occurred, and Possession of marijuana, one ounce or less, a misdemeanor.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	The Applicant has admitted to abusing a variety of illegal drugs from about 1966 to at least October 1995.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	The Applicant was granted a security clearance from the Department of Defense in January 1980.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
1.g	The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
1.h	The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
1.i	The Applicant has engaged in criminal conduct.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.a	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	On September 15, 1986, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	During an interview with the Defense Investigative Service on December 9, 1986, the Applicant stated that he had nothing more to do with dangerous drugs or illegal substances since December 1973.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	On February 8, 1990, the Applicant completed an application for security clearance which required him to indicate whether he ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.e	On March 29, 1995, the Applicant completed an application for security clearance which required him to indicate whether he has ever used any illegal drug, and whether he has ever purchased or sold any illegal drug. The Applicant responded "no" to both questions.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.f	The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor.	For Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	—	—	—
2.g	The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.a	The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001, a federal criminal statute.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he abuses illegal substances.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

On December 12, 1973, the Applicant was arrested for Possession of Marijuana.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

On July 27, 1993, the Applicant was arrested again for Possession of A Controlled Substance, a felony, in the state where it occurred, and Possession of marijuana, one ounce or less, a misdemeanor.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

The Applicant has admitted to abusing a variety of illegal drugs from about 1966 to at least October 1995.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

The Applicant was granted a security clearance from the Department of Defense in January 1980.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

1.g

The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

1.h

The Applicant has not used any illegal drug since October 1995 and has no intention of any future use.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

1.i

The Applicant has engaged in criminal conduct.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.b

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.c

During an interview with the Defense Investigative Service on December 9, 1986, the Applicant stated that he had nothing more to do with dangerous drugs or illegal substances since December 1973.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.d

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.e

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.f

The Applicant did not list his arrest of 1993 for Possession of a Controlled Substance, a felony, and Possession of Marijuana, a misdemeanor.

For Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

—

2.g

The Applicant explained that there were two reasons he failed to list his arrest of 1993 on his application.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.a

The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated the felony provisions of 18 USC 1001, a federal criminal statute.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

—

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