ISCR Case 96-0385.h1

Case Headnote

ISCR Case No. 96-0385.h1

deniedNov 7, 1996· Hon. John R. Erck· hearing

Summary

A 28-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of drug abuse and the falsification of information on security questionnaires.

The applicant had a long history of drug use, including marijuana for almost twelve years, with recent use as often as weekly. He also used cocaine occasionally from 1985 to 1987, crank weekly in 1985-86, hashish once in 1986, and magic mushrooms three times in 1987. Additionally, the applicant deliberately omitted, concealed, or falsified relevant facts on multiple personnel security questionnaires and provided false or misleading information to officials regarding his drug use and prior military misconduct.

Despite a strong work record, including promotions and high marks for technical skills and professionalism, the judge found that the applicant's recent marijuana use and prior dishonesty undermined his trustworthiness. The applicant's admissions of drug use were inconsistent and lacked credibility, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a long history of drug abuse, including marijuana and cocaine, with recent use as of June 1996.
The applicant provided false information on his National Agency Questionnaire regarding his drug use and prior military misconduct.
The applicant's admissions of drug use were inconsistent and lacked credibility, raising doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

H.1raisedAny Drug Abuse.
H.3raisedCurrent Drug Involvement, Especially Following the Granting of a Security Clearance.
E.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
E.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters.
J.1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.

Mitigating

H.2rejectedA Demonstrated Intent Not to Use Drugs in the Future.The applicant's recent admissions and actions did not convincingly demonstrate a commitment to abstain from drug use.

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJun 13, 1996
Answer filedJul 16, 1996
Hearing heldAug 22, 1996
Decision dateNov 7, 1996

Cite For

Denial of Security Clearance Due to Drug Abuse Under Guideline H
Falsification of Information on Security Clearance Applications Under Guideline E
Impact of Recent Drug Use on Security Clearance Eligibility

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 deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.b (1)	Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personal security trustworthiness determination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.b (2)	Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personal security trustworthiness determination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.c (1)	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.c (2)	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.d (1)	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.d (2)	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.d (3)	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.b (1)

Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personal security trustworthiness determination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

2.b (2)

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

2.c (1)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.c (2)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.d (1)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.d (2)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.d (3)

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant has used marijuana with varying frequency-- as often as weekly--for almost twelve years.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Denied	(a) any substance misuse	—	—
1.b	The applicant has used cocaine occasionally from 1985 to 1987 and estimates that he used it a couple of times after 1987 at parties.	Against Applicant	Cocaine	Occasional	Denied	(a) any substance misuse	—	—
1.c	The applicant has used crank (methamphetamine) weekly in 1985-86, hashish once in 1986, and magic (hallucinogenic) mushrooms three times in 1987.	Against Applicant	Methamphetamine	Regular	Denied	(a) any substance misuse	—	—
1.d	The applicant has admitted that he used marijuana once every two or three months after discharge and that he had continued to use it at that rate up to the present time.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Denied	(a) any substance misuse	—	—
1.e	The applicant has been receiving professional counseling and does not intend to use marijuana in the future.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Substance Treatment Ongoing
1.f	The applicant has developed other interests and his girlfriend has become much less tolerant of his marijuana abuse.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.g	The applicant has a reputation as an above average sailor and has consistently displayed a strong work ethic.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Documented Prior Clearance History
1.h	The applicant has been a diligent and conscientious employee in every work environment he has been placed.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.i	The applicant has received very high marks for his technical skills, productivity, and professionalism.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.j	The applicant was promoted most recently on October 30, 1995.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.k	The applicant has been given very high marks for his technical skills, productivity, and professionalism.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.l	The applicant has a reputation as an above average sailor and has consistently displayed a strong work ethic.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.m	The applicant has been a diligent and conscientious employee in every work environment he has been placed.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other
1.n	The applicant has received very high marks for his technical skills, productivity, and professionalism.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Other

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant has used marijuana with varying frequency-- as often as weekly--for almost twelve years.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Denied

(a) any substance misuse

—

1.b

The applicant has used cocaine occasionally from 1985 to 1987 and estimates that he used it a couple of times after 1987 at parties.

Against Applicant

Cocaine

Occasional

Denied

(a) any substance misuse

—

1.c

The applicant has used crank (methamphetamine) weekly in 1985-86, hashish once in 1986, and magic (hallucinogenic) mushrooms three times in 1987.

Against Applicant

Methamphetamine

Regular

Denied

(a) any substance misuse

—

1.d

The applicant has admitted that he used marijuana once every two or three months after discharge and that he had continued to use it at that rate up to the present time.

Against Applicant

MarijuanaWHILE CLEARED

Occasional

Denied

(a) any substance misuse

—

1.e

The applicant has been receiving professional counseling and does not intend to use marijuana in the future.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(b) acknowledges involvement; evidence of action; established abstinence

Claimed

Substance Treatment Ongoing

1.f

The applicant has developed other interests and his girlfriend has become much less tolerant of his marijuana abuse.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.g

The applicant has a reputation as an above average sailor and has consistently displayed a strong work ethic.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Documented

Prior Clearance History

1.h

The applicant has been a diligent and conscientious employee in every work environment he has been placed.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.i

The applicant has received very high marks for his technical skills, productivity, and professionalism.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.j

The applicant was promoted most recently on October 30, 1995.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.k

The applicant has been given very high marks for his technical skills, productivity, and professionalism.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.l

The applicant has a reputation as an above average sailor and has consistently displayed a strong work ethic.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.m

The applicant has been a diligent and conscientious employee in every work environment he has been placed.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

1.n

The applicant has received very high marks for his technical skills, productivity, and professionalism.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

Claimed

Other

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The applicant has engaged in criminal conduct, including drug abuse and falsification of information related to his security clearance application.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

The applicant has engaged in criminal conduct, including drug abuse and falsification of information related to his security clearance application.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

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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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

PROCEDURAL RULINGS

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES