ISCR Case 96-0363.h1

Case Headnote

ISCR Case No. 96-0363.h1

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

Summary

A 35-year-old defense contractor was denied a DoD security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of illegal drug use, including marijuana from 1976 to February 1996 and LSD once in the 1970s. He received treatment for "Cannabis Abuse" from February to December 1994.

The applicant also had a long history of alcohol abuse, beginning at age seventeen and increasing during his military career from 1980 to 1994. This led to two arrests for Driving Under the Influence (DUI) in October 1983 and September 1993, and one police detainment for Disturbing the Peace. He was diagnosed as "Alcohol Dependent" and last became intoxicated in November 1995. Although he acknowledges his alcohol problem and believes it is under control, he continues to use alcohol.

Furthermore, the applicant falsified information on his security clearance application and during interviews. He initially stated he only experimented with marijuana in 1976 and denied purchasing illegal drugs, despite having done so. He also made false statements regarding his drug use timeline during a March 1996 interview. These actions, including knowingly providing false material information, constituted a violation of federal criminal statute and raised significant security concerns, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant had a long history of alcohol abuse, including multiple arrests for DUI and a diagnosis of alcohol dependence.
The applicant falsified material information on his security clearance application and during interviews, demonstrating a lack of honesty and integrity.
The applicant's recent drug use and ongoing alcohol consumption raised concerns about his reliability and judgment.

Conditions Referenced

Disqualifying

E2.A5.1.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.3appliedDeliberately Providing False or Misleading Information
G2.A1.1raisedAlcohol-related Incidents Away From Work
H1.A1.1raisedAny Drug Abuse
J1.A1.1raisedAny Criminal Conduct

Mitigating

H2.A1.1rejectedThe Drug Involvement Was Not RecentThe applicant's last drug use occurred in February 1996, which is not sufficiently remote.
G2.A2.1notedNone
E2.A5.2notedNone
J2.A1.1notedNone

Key Rule Quoted

“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”

Procedural Posture

SOR issuedMay 20, 1996
Answer filedJul 9, 1996Applicant elected to have the case determined on a written record.
Hearing held—No hearing; case determined on written record.
Decision dateDec 31, 1996

Cite For

Denial Based on Falsification of Security Clearance Application
Impact of Ongoing Substance Abuse on Security Clearance Eligibility
Importance of Honesty in Security Clearance Processes

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
3.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	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.b	The Government contends that the Applicant intentionally failed to list an arrest for Disturbing the Peace.	Against Applicant	Falsification Security Form	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.c	In the same security clearance application the Applicant was required to indicate whether he has ever used, purchased or sold any illegal drug. The Applicant answered 'yes' that he has used an illegal drug, 'that he experimented with marijuana in 1976'. The Applicant also answered 'no', that he has not purchased any illegal drugs.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.d	During an interview with the Defense Investigative Service on March 22, 1996, the Applicant stated that he has not used or purchased marijuana since June 1994. 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	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
3.e–3.h	4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.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

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.b

The Government contends that the Applicant intentionally failed to list an arrest for Disturbing the Peace.

Against Applicant

Falsification Security Form

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.c

In the same security clearance application the Applicant was required to indicate whether he has ever used, purchased or sold any illegal drug. The Applicant answered 'yes' that he has used an illegal drug, 'that he experimented with marijuana in 1976'. The Applicant also answered 'no', that he has not purchased any illegal drugs.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.d

During an interview with the Defense Investigative Service on March 22, 1996, the Applicant stated that he has not used or purchased marijuana since June 1994. 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

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.e–3.h

4 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The Applicant began to drink beer at the young age of seventeen. He usually drank on the weekends. In 1980, when he joined the military, his drinking increased and became more constant. By this time, the Applicant was consuming six to twelve beers a night about two or three times per week.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	Throughout his military career, (from 1980 until 1994), the Applicant abused alcohol. His excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.c	In October 1983, the Applicant was first arrested and charged with Driving Under the Influence of Alcohol. The Applicant was found guilty and required to participate in an alcohol counseling program.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.d	In September 1993, The Applicant was arrested a second time for Driving Under the Influence, and Driving with a Blood Alcohol Content of .08% or above. The Applicant pled guilty, was fined $1,174.00 and was placed on probation for three years. He was also required to attend a first conviction program.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.e	The Applicant acknowledges his alcohol problem, he continues to use alcohol. He now believes that he has his drinking under control.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
2.f	The Applicant was diagnosed at that time as 'Alcohol Dependant'. He last became intoxicated in November 1995, just fourteen months ago.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.g	Given the fact that the Applicant continues to use alcohol and was last intoxicated just fourteen months ago, there has not been sufficient time in rehabilitation to show that the Applicant will not return to his old ways.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.h	specific text not stated in this decision	Unknown	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The Applicant began to drink beer at the young age of seventeen. He usually drank on the weekends. In 1980, when he joined the military, his drinking increased and became more constant. By this time, the Applicant was consuming six to twelve beers a night about two or three times per week.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

Throughout his military career, (from 1980 until 1994), the Applicant abused alcohol. His excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.c

In October 1983, the Applicant was first arrested and charged with Driving Under the Influence of Alcohol. The Applicant was found guilty and required to participate in an alcohol counseling program.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.d

In September 1993, The Applicant was arrested a second time for Driving Under the Influence, and Driving with a Blood Alcohol Content of .08% or above. The Applicant pled guilty, was fined $1,174.00 and was placed on probation for three years. He was also required to attend a first conviction program.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.e

The Applicant acknowledges his alcohol problem, he continues to use alcohol. He now believes that he has his drinking under control.

Against Applicant

Continued Use After Treatment

Admitted

—

2.f

The Applicant was diagnosed at that time as 'Alcohol Dependant'. He last became intoxicated in November 1995, just fourteen months ago.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.g

Given the fact that the Applicant continues to use alcohol and was last intoxicated just fourteen months ago, there has not been sufficient time in rehabilitation to show that the Applicant will not return to his old ways.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.h

specific text not stated in this decision

Unknown

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant began using marijuana in 1976 while in high school. He used marijuana about thirty times before joining the military in 1980. From 1980 through January 1994, the applicant completely abstained from all illegal drug use. In March 1994, however, the applicant started using marijuana again, and used it on at least three separate occasions. The applicant last used marijuana in February 1996. During the periods he used marijuana, the applicant purchased it for his own use. The applicant has never sold marijuana.	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.b	The applicant also used LSD one time in the 1970's.	For Applicant	LSD	Not Applicable	Admitted	—	—	—
1.c	From February 2, 1994 to December 28, 1994, the applicant received treatment for 'Cannabis Abuse' at a Veterans Administration Facility. The applicant does not believe that he was ever addicted to marijuana.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.d	The applicant initially indicated in a statement to the Defense Investigative Service dated March 22, 1996, that he could not state with 100% certainty that he would not use marijuana again. However, he has reconsidered his position and expresses that he is now committed to never using marijuana or any illegal drug again.	For Applicant	Stated Intent to Use Again	Not Applicable	Denied	—	—	—
1.e	The applicant has never sold marijuana.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
2.a	The government alleges that the applicant is ineligible for clearance because he abuses illegal substances.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.b	The applicant began using alcohol at the young age of seventeen. He usually drank on the weekends. In 1980, when he joined the military, his drinking increased and became more constant. By this time, the applicant was consuming six to twelve beers a night about two or three times per week. Throughout his military career, the applicant abused alcohol.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.c	The applicant's excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.d	The applicant's drinking pattern was interrupted by brief periods of abstinence after each arrest, and during his treatment for his alcohol problem.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.e	The applicant acknowledges his alcohol problem, he continues to use alcohol. He now believes that he has his drinking under control.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.f	The applicant last drank to the point of intoxication in November 1995.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.g	The applicant's long term involvement with alcohol abuse is more serious. The applicant is an alcoholic who only recently started to realize the severity of his problem.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
2.h	The applicant's abusive drinking pattern has led to two alcohol related arrests, several treatment programs and has curtailed his military career.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
3.a	The applicant completed an application for security clearance which asked the applicant to indicate whether he had ever been arrested. The applicant answered 'yes' and listed his two arrests for Driving Under the Influence, and a nonjudicial punishment he received while in the military. The government contends that the applicant intentionally failed to list an arrest for Disturbing the Peace. The applicant denies this arrest and after a careful review of the record, I do not find that there is sufficient evidence in the record to support this allegation.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
3.b	In the same security clearance application the applicant was required to indicate whether he has ever used, purchased or sold any illegal drug. The applicant answered 'yes' that he has used an illegal drug, 'that he experimented with marijuana in 1976'. The applicant also answered 'no', that he has not purchased any illegal drugs. These were false answers to a material questions pertaining to the applicant's former involvement with illegal substances.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
3.c	The applicant stated that he falsified the application because he was embarrassed and in fear of jeopardizing his security clearance and losing his job.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
3.d	In a sworn statement before the Defense Investigative Service dated November 13, 1995, the applicant stated that he experimented with marijuana in 1976, and denied ever purchasing any illegal drug, and denied participating in drug counseling. These were false answers to material questions pertaining to the applicant's former involvement with illegal substances.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
3.e	During an interview with the Defense Investigative Service on March 22, 1996, the applicant stated that he has not used or purchased marijuana since June 1994. This was a false statement to a material question pertaining to the applicant's involvement with illegal drugs.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—
4.a	As found above, the applicant knowingly and wilfully provided false material information to DOD during the clearance screening process. In so doing, the applicant violated Title 18, United States Code, Section 1001, a felony.	Against Applicant	Unspecified Drug Involvement	Unspecified	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant began using marijuana in 1976 while in high school. He used marijuana about thirty times before joining the military in 1980. From 1980 through January 1994, the applicant completely abstained from all illegal drug use. In March 1994, however, the applicant started using marijuana again, and used it on at least three separate occasions. The applicant last used marijuana in February 1996. During the periods he used marijuana, the applicant purchased it for his own use. The applicant has never sold marijuana.

For Applicant

Marijuana

Occasional

Admitted

—

1.b

The applicant also used LSD one time in the 1970's.

For Applicant

LSD

Not Applicable

Admitted

—

1.c

From February 2, 1994 to December 28, 1994, the applicant received treatment for 'Cannabis Abuse' at a Veterans Administration Facility. The applicant does not believe that he was ever addicted to marijuana.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

1.d

The applicant initially indicated in a statement to the Defense Investigative Service dated March 22, 1996, that he could not state with 100% certainty that he would not use marijuana again. However, he has reconsidered his position and expresses that he is now committed to never using marijuana or any illegal drug again.

For Applicant

Stated Intent to Use Again

Not Applicable

Denied

—

1.e

The applicant has never sold marijuana.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

2.a

The government alleges that the applicant is ineligible for clearance because he abuses illegal substances.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.b

The applicant began using alcohol at the young age of seventeen. He usually drank on the weekends. In 1980, when he joined the military, his drinking increased and became more constant. By this time, the applicant was consuming six to twelve beers a night about two or three times per week. Throughout his military career, the applicant abused alcohol.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.c

The applicant's excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.d

The applicant's drinking pattern was interrupted by brief periods of abstinence after each arrest, and during his treatment for his alcohol problem.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.e

The applicant acknowledges his alcohol problem, he continues to use alcohol. He now believes that he has his drinking under control.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.f

The applicant last drank to the point of intoxication in November 1995.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.g

The applicant's long term involvement with alcohol abuse is more serious. The applicant is an alcoholic who only recently started to realize the severity of his problem.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

2.h

The applicant's abusive drinking pattern has led to two alcohol related arrests, several treatment programs and has curtailed his military career.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

3.a

The applicant completed an application for security clearance which asked the applicant to indicate whether he had ever been arrested. The applicant answered 'yes' and listed his two arrests for Driving Under the Influence, and a nonjudicial punishment he received while in the military. The government contends that the applicant intentionally failed to list an arrest for Disturbing the Peace. The applicant denies this arrest and after a careful review of the record, I do not find that there is sufficient evidence in the record to support this allegation.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

3.b

In the same security clearance application the applicant was required to indicate whether he has ever used, purchased or sold any illegal drug. The applicant answered 'yes' that he has used an illegal drug, 'that he experimented with marijuana in 1976'. The applicant also answered 'no', that he has not purchased any illegal drugs. These were false answers to a material questions pertaining to the applicant's former involvement with illegal substances.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

3.c

The applicant stated that he falsified the application because he was embarrassed and in fear of jeopardizing his security clearance and losing his job.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

3.d

In a sworn statement before the Defense Investigative Service dated November 13, 1995, the applicant stated that he experimented with marijuana in 1976, and denied ever purchasing any illegal drug, and denied participating in drug counseling. These were false answers to material questions pertaining to the applicant's former involvement with illegal substances.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

3.e

During an interview with the Defense Investigative Service on March 22, 1996, the applicant stated that he has not used or purchased marijuana since June 1994. This was a false statement to a material question pertaining to the applicant's involvement with illegal drugs.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

4.a

As found above, the applicant knowingly and wilfully provided false material information to DOD during the clearance screening process. In so doing, the applicant violated Title 18, United States Code, Section 1001, a felony.

Against Applicant

Unspecified Drug Involvement

Unspecified

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	The Applicant was arrested a second time for Driving Under the Influence, and Driving with a Blood Alcohol Content of .08% or above.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	The Applicant was detained by police for Disturbing the Peace. The Applicant had been drinking alcohol prior to being detained. No charges were filed and he was later released.	Against Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.d	The Applicant's excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.e	The Applicant acknowledges his alcohol problem, he continues to use alcohol.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
4.a	The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated a federal criminal statute.	Against Applicant	Unspecified Criminal Conduct	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

2.a

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

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

2.b

The Applicant was arrested a second time for Driving Under the Influence, and Driving with a Blood Alcohol Content of .08% or above.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

2.c

The Applicant was detained by police for Disturbing the Peace. The Applicant had been drinking alcohol prior to being detained. No charges were filed and he was later released.

Against Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Denied

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

—

2.d

The Applicant's excessive drinking became a serious problem which led to two alcohol related arrests and one detainment by police.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

2.e

The Applicant acknowledges his alcohol problem, he continues to use alcohol.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Admitted

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

—

4.a

The Government alleges that the Applicant is ineligible for clearance because he knowingly and willfully violated a federal criminal statute.

Against Applicant

Unspecified Criminal Conduct

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