ISCR Case 96-0585.h1

Case Headnote

ISCR Case No. 96-0585.h1

deniedApr 15, 1997· Hon. Richard A. Cefola· hearing

Summary

A 28-year-old defense contractor truck driver, who held a secret security clearance since 1989, was denied continued access due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from the applicant's past drug use and, critically, his lack of candor in disclosing this history.

Specifically, the applicant failed to disclose any past drug involvement on his July 1995 National Agency Questionnaire (NAQ) and, in a sworn statement on March 19, 1996, he minimized his drug abuse, stating he had "sampled marijuana five or six times between 1990 and 1992." However, a later sworn statement on May 29, 1996, revealed more extensive use, beginning around 1988, becoming weekly in 1992, and continuing sporadically until New Year's 1995. He also admitted to purchasing marijuana on a few occasions, spending at most $20.00 per purchase. These omissions constituted a violation of 18 U.S.C. Section 1001.

Despite ceasing marijuana use in December 1995 and expressing an intent to avoid future drug abuse, the applicant's repeated failure to fully disclose his drug history and related criminal conduct led to the denial. The decision highlighted that his lack of candor and failure to disclose the full extent of his drug use raised significant concerns about his judgment and reliability, ultimately preventing him from meeting the mitigating conditions for personal and criminal conduct.

Why the Applicant Was Denied

The applicant was not candid about his past drug involvement on two separate occasions.
The applicant's failure to disclose the full extent of his drug use raised significant concerns about his judgment and reliability.
The applicant did not meet the mitigating conditions for personal conduct and criminal conduct.

Conditions Referenced

Disqualifying

H.1raisedDrug Involvement
E.2raisedPersonal Conduct
J.1raisedCriminal Conduct

Mitigating

H.1rejectedDrug Involvement Not RecentThe applicant's drug involvement ended 15 months prior but was not deemed of present security significance.
H.3appliedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant demonstrated intent against future drug abuse.
E.2notedNo Mitigating Conditions Applicable
J.1notedNo Mitigating Conditions Applicable

Key Rule Quoted

“Each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2, including as appropriate: a. Nature and seriousness of the conduct and surrounding circumstances.”

Procedural Posture

SOR issuedAug 22, 1996
Answer filedSep 27, 1996
Hearing heldMar 26, 1997Hearing was continued from January 9, 1997.
Decision dateApr 15, 1997

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Impact of Past Drug Involvement on Security Clearance Under Guideline H
Criminal Conduct as a Disqualifying Factor 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	In answering questions 20.a. and 20.b. on his July 1995 National Agency Questionnaire (NAQ), the Applicant knowingly and wilfully failed to disclose any of his past drug involvement, as set forth in paragraph 1. of the SOR (GX 1 at page 3).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.b	In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR (GX 2 at page 2). Here he stated, "I sampled marijuana five or six times between 1990 and 1992 when it was offered to me by friends" (GX 2 at page 2).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In answering questions 20.a. and 20.b. on his July 1995 National Agency Questionnaire (NAQ), the Applicant knowingly and wilfully failed to disclose any of his past drug involvement, as set forth in paragraph 1. of the SOR (GX 1 at page 3).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

—

2.b

In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR (GX 2 at page 2). Here he stated, "I sampled marijuana five or six times between 1990 and 1992 when it was offered to me by friends" (GX 2 at page 2).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant's drug abuse began in about 1988, and in his sworn statement of May 29, 1996, he describes his abuse in the following terms: I first used marijuana in about 1988 and used it sporadically to about 1993. Use was probably at its heaviest in about 1992 for a year or so when I used it weekly. After Nov[ember] 1993 it has been very sporadic. I used it a couple of times a year or so up until the last time I recall using it at New Years of this year [1995].	For Applicant	Marijuana	Frequent	Admitted	—	—	—
1.b	The Applicant also purchased the drug, and in this sworn statement describes it as follows: "I have bought it myself on a few occasions, spending at most $20.00 at one time for a baggie. I probably bought for myself maybe five times."	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
2.a	In answering questions 20.a. and 20.b. on his July 1995 National Agency Questionnaire (NAQ), the Applicant knowingly and wilfully failed to disclose any of his past drug involvement, as set forth in paragraph 1. of the SOR.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse
2.b	In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse
3.a	The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	(a) any substance misuse	—	Claimed Acknowledgment and Remorse

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant's drug abuse began in about 1988, and in his sworn statement of May 29, 1996, he describes his abuse in the following terms: I first used marijuana in about 1988 and used it sporadically to about 1993. Use was probably at its heaviest in about 1992 for a year or so when I used it weekly. After Nov[ember] 1993 it has been very sporadic. I used it a couple of times a year or so up until the last time I recall using it at New Years of this year [1995].

For Applicant

Marijuana

Frequent

Admitted

—

1.b

The Applicant also purchased the drug, and in this sworn statement describes it as follows: "I have bought it myself on a few occasions, spending at most $20.00 at one time for a baggie. I probably bought for myself maybe five times."

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

2.a

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(b) testing positive for an illegal drug

—

Claimed

Acknowledgment and Remorse

2.b

In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(b) testing positive for an illegal drug

—

Claimed

Acknowledgment and Remorse

3.a

The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

(a) any substance misuse

—

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant's drug abuse began in about 1988, and in his sworn statement of May 29, 1996, he describes his abuse in the following terms: I first used marijuana in about 1988 and used it sporadically to about 1993. Use was probably at its heaviest in about 1992 for a year or so when I used it weekly. After Nov[ember] 1993 it has been very sporadic. I used it a couple of times a year or so up until the last time I recall using it at New Years of this year [1995].	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	The Applicant also purchased the drug, and in this sworn statement describes it as follows: "I have bought it myself on a few occasions, spending at most $20.00 at one time for a baggie. I probably bought for myself maybe five times"	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.a	In answering questions 20.a. and 20.b. on his July 1995 National Agency Questionnaire (NAQ), the Applicant knowingly and wilfully failed to disclose any of his past drug involvement, as set forth in paragraph 1. of the SOR.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.a	The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

—

1.b

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

—

1.c

The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

—

2.a

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

2.b

In a signed sworn statement executed on March 19, 1996, the Appellant also knowingly and wilfully failed to disclose the full extent of his past drug abuse, as set forth in paragraph 1. of the SOR.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

3.a

The Applicant violated the provisions of 18 U.S.C. Section 1001, when he failed to disclose his past drug involvement on his 1995 NAQ, and in his March 1996 sworn statement.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

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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