ISCR Case 96-0582.h1

Case Headnote

ISCR Case No. 96-0582.h1

deniedMar 31, 1997· Hon. Paul J. Mason· hearing

Summary

A pro se applicant was denied a security clearance due to significant drug involvement, personal conduct issues, and criminal conduct, as outlined under Guidelines E, H, and J. The applicant admitted to extensive cocaine and crack cocaine use from 1988 to at least November 1995, including a period of crack addiction. He also used marijuana and acid over several decades. In 1992 and 1993, the applicant attempted to sell cocaine but ultimately used the drug himself. He received inpatient treatment for cocaine and marijuana abuse in March 1993.

A primary concern was the applicant's repeated falsification of information on security questionnaires. On three separate occasions between December 1994 and February 1996, he understated his drug use, denied selling drugs, and misrepresented his last use of cocaine. These intentional falsifications were deemed willful omissions designed to mislead the government about his drug history.

While the applicant demonstrated a positive change in direction around February 1996, influencing a reduction in alcohol use and saving money for his children, this was insufficient to mitigate the concerns. The judge concluded that the applicant's long history of illegal drug use and intentional falsifications raised substantial doubts about his judgment, trustworthiness, and reliability, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use, including cocaine and crack cocaine, from 1988 to 1995.
The applicant intentionally falsified information on multiple occasions regarding his drug use on security questionnaires.
The applicant's conduct demonstrated a lack of judgment and reliability necessary for holding a security clearance.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
EraisedPersonal Conduct
JraisedCriminal Conduct

Mitigating

HrejectedDrug InvolvementThe applicant's past drug use was extensive and recent, undermining any claims of rehabilitation.
ErejectedPersonal ConductThe applicant's falsifications were not isolated incidents and raised significant concerns about his trustworthiness.
JrejectedCriminal ConductThe applicant's criminal conduct was ongoing and related to his drug use and dishonesty.

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedAug 19, 1996
Answer filedOct 14, 1996
Hearing heldJan 28, 1997
Decision dateMar 31, 1997

Cite For

Denial Based on Extensive Drug Involvement Under Guideline H
Falsification of Information as a Basis for Denial Under Guideline E
Criminal Conduct Related to Drug Use 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	Applicant falsified question 20a on his national agency questionnaire on December 9, 1994 by indicating he used marijuana from 1992 to 1993, and cocaine from 1993 and 1994.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.b	On August 30, 1995, Applicant falsely understated his cocaine and marijuana use, and completely denied ever selling any drugs, using other drugs, or abusing prescription drugs.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.c	On February 13, 1996, Applicant falsely stated a second time his last use of cocaine was in the Spring of 1993.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.d	Applicant's intentional falsifications on three separate occasions establish a case of willful omission of material information under Criterion E.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	—	—	—
2.e	The falsifications were not isolated events but occurred on three separate occasions from December 1994 to April 1996, and were designed to mislead the Government about Applicant's drug history.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified question 20a on his national agency questionnaire on December 9, 1994 by indicating he used marijuana from 1992 to 1993, and cocaine from 1993 and 1994.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.b

On August 30, 1995, Applicant falsely understated his cocaine and marijuana use, and completely denied ever selling any drugs, using other drugs, or abusing prescription drugs.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.c

On February 13, 1996, Applicant falsely stated a second time his last use of cocaine was in the Spring of 1993.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

2.d

Applicant's intentional falsifications on three separate occasions establish a case of willful omission of material information under Criterion E.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

—

2.e

The falsifications were not isolated events but occurred on three separate occasions from December 1994 to April 1996, and were designed to mislead the Government about Applicant's drug history.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used cocaine and crack cocaine with varying frequency from 1988 to at least November 1995.	Against Applicant	Cocaine	Regular	Admitted	—	—	—
1.b	Applicant switched to crack and was quickly addicted when his crack use grew from weekly to daily.	Against Applicant	Cocaine	Regular	Admitted	—	—	—
1.c	Applicant tried to sell cocaine in 1992 and 1993 but wound up using the drug.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
1.d	Applicant received inpatient treatment from March 8, 1993 to March 25, 1993 for cocaine and marijuana abuse.	For Applicant	Treatment Failure	Not Applicable	Admitted	—	—	—
1.e	Applicant used and purchased marijuana in 1975 and stopped using and purchasing the drug in the Spring of 1993.	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.f	Applicant used and purchased acid about six times between 1970 and the early 1980s.	For Applicant	LSD	Experimental	Admitted	—	—	—
1.g	Applicant falsified question 20a on his national agency questionnaire on December 9, 1994 by indicating he used marijuana from 1992 to 1993, and cocaine from 1993 and 1994.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.h	Applicant falsely understated his cocaine and marijuana use on August 30, 1995.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.i	Applicant falsely stated a second time his last use of cocaine was in the Spring of 1993 on February 13, 1996.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.j	Applicant's positive change of direction in approximately February 1996, influencing his reduction of alcohol and saving of money for his children, constitutes positive evidence in Applicant's favor.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used cocaine and crack cocaine with varying frequency from 1988 to at least November 1995.

Against Applicant

Cocaine

Regular

Admitted

—

1.b

Applicant switched to crack and was quickly addicted when his crack use grew from weekly to daily.

Against Applicant

Cocaine

Regular

Admitted

—

1.c

Applicant tried to sell cocaine in 1992 and 1993 but wound up using the drug.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

1.d

Applicant received inpatient treatment from March 8, 1993 to March 25, 1993 for cocaine and marijuana abuse.

For Applicant

Treatment Failure

Not Applicable

Admitted

—

1.e

Applicant used and purchased marijuana in 1975 and stopped using and purchasing the drug in the Spring of 1993.

For Applicant

Marijuana

Occasional

Admitted

—

1.f

Applicant used and purchased acid about six times between 1970 and the early 1980s.

For Applicant

LSD

Experimental

Admitted

—

1.g

Applicant falsified question 20a on his national agency questionnaire on December 9, 1994 by indicating he used marijuana from 1992 to 1993, and cocaine from 1993 and 1994.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.h

Applicant falsely understated his cocaine and marijuana use on August 30, 1995.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.i

Applicant falsely stated a second time his last use of cocaine was in the Spring of 1993 on February 13, 1996.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.j

Applicant's positive change of direction in approximately February 1996, influencing his reduction of alcohol and saving of money for his children, constitutes positive evidence in Applicant's favor.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Against the Applicant.	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	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Against the Applicant.

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

—

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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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES