ISCR Case 96-0610.h1

Case Headnote

ISCR Case No. 96-0610.h1

deniedFeb 28, 1997· Hon. Darlene Lokey Anderson· hearing

Summary

A 41-year-old defense contractor was denied a security clearance due to long-term illegal drug use and falsification of information on security clearance applications. The applicant had a history of abusing marijuana from 1973 to January 1996, using cocaine 15-20 times between 1986 and 1988, and using amphetamines, psilocybin, and hashish at various times. He also purchased amphetamines once and hashish once.

On security clearance applications submitted in January 1992 and August 1995, the applicant falsely stated that he had only tried marijuana a couple of times in 1987 and had no association with illegal drugs since then. He also falsely denied ever purchasing illegal drugs on both applications. The government alleged that these actions constituted intentional falsification of material aspects of his personal background and a knowing violation of federal criminal statutes.

The judge found that the applicant's recent drug use, which continued until January 1996, and his dishonesty on the applications demonstrated a lack of integrity. These issues, falling under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct), were not mitigated, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a long history of illegal drug use, including marijuana, cocaine, and other substances, which continued until January 1996.
The applicant provided false information on multiple security clearance applications regarding his drug use and purchases, violating federal law.
The applicant's dishonesty and drug involvement raised significant security concerns that were not mitigated by his recent cessation of drug use.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
EraisedPersonal Conduct
JraisedCriminal Conduct

Mitigating

HrejectedDrug InvolvementThe applicant's drug involvement was not recent, but the judge found it significant due to the long history and recent cessation.
ErejectedPersonal ConductNo mitigating conditions applied due to the severity of the falsifications.
JrejectedCriminal ConductNo mitigating conditions applied as the criminal conduct was serious and ongoing.

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 issuedAug 28, 1996
Answer filedSep 19, 1996Applicant elected for a written record.
Hearing held—No hearing; case determined on written record.
Decision dateFeb 28, 1997

Cite For

Long-term Illegal Drug Use as a Disqualifying Factor Under Guideline H
Falsification of Security Clearance Applications as a Violation of Personal Conduct Under Guideline E
Criminal Conduct Related to Providing False Information 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 January 29, 1992, the Applicant completed an application for security clearance which required him to indicate whether he has ever tried, used or possessed any illegal drug. The Applicant responded "yes", and listed that he had tried marijuana a couple of times at parties in 1987 and that he has had no association with illegal drugs since that time.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.c	On the same application the Applicant was required to indicate whether he has ever been purchased any illegal drug. The Applicant responded "no".	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.d	On August 2, 1995, the Applicant completed another application for security clearance which required him to again indicate whether he has ever tried, used or possessed any illegal drug. The Applicant responded "yes", and listed that he had tried marijuana a couple of times at parties in 1987 and that he had no association with illegal drugs since that time.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	—	—
2.e	On the same application the Applicant was again required to indicate whether he has ever purchased any illegal drug. The Applicant responded "no".	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	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 January 29, 1992, the Applicant completed an application for security clearance which required him to indicate whether he has ever tried, used or possessed any illegal drug. The Applicant responded "yes", and listed that he had tried marijuana a couple of times at parties in 1987 and that he has had no association with illegal drugs since that time.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.c

On the same application the Applicant was required to indicate whether he has ever been purchased any illegal drug. The Applicant responded "no".

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.d

On August 2, 1995, the Applicant completed another application for security clearance which required him to again indicate whether he has ever tried, used or possessed any illegal drug. The Applicant responded "yes", and listed that he had tried marijuana a couple of times at parties in 1987 and that he had no association with illegal drugs since that time.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

2.e

On the same application the Applicant was again required to indicate whether he has ever purchased any illegal drug. The Applicant responded "no".

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Applicant abused marijuana from 1973 to at least January 1996.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	The Applicant used cocaine about 15 to 20 times from 1986 until 1988.	Against Applicant	Cocaine	Experimental	Admitted	—	—	—
1.c	The Applicant used amphetamines in the early 1980s and purchased it one time.	Against Applicant	Prescription Stimulant Misuse	Experimental	Admitted	—	—	—
1.d	The Applicant used psilocybin (mushrooms) twice in 1978.	For Applicant	Psilocybin	Experimental	Admitted	—	—	—
1.e	The Applicant used hashish about twelve times and purchased it once in 1974.	For Applicant	Marijuana	Experimental	Admitted	—	—	—
1.f	The Applicant has never sold marijuana.	For Applicant	Drug Distribution or Dealing	Not Applicable	Admitted	—	—	—
1.g	The Applicant stated he believed that his limited use did not affect his ability to perform his job.	For Applicant	Unspecified Drug Involvement	Unspecified	Admitted	—	—	—
1.h	The Applicant has no intentions of ever using any illegal drug again.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	—	—
1.i	The Applicant last used marijuana in January 1996.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.j	The Applicant's long term involvement with marijuana is more recent and not mitigated.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
2.a	The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
2.b	The Applicant provided false information on his security clearance applications regarding his drug use.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
2.c	The Applicant did not reveal the truth on his security clearance applications because he was afraid of losing his job.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
2.d	The Applicant's false answers to material questions regarding his drug involvement.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
2.e	The Applicant's conduct is a negative factor for security clearance purposes.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—
3.a	The Applicant knowingly and willfully provided false material information to DOD during the clearance screening process.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The Applicant abused marijuana from 1973 to at least January 1996.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.b

The Applicant used cocaine about 15 to 20 times from 1986 until 1988.

Against Applicant

Cocaine

Experimental

Admitted

—

1.c

The Applicant used amphetamines in the early 1980s and purchased it one time.

Against Applicant

Prescription Stimulant Misuse

Experimental

Admitted

—

1.d

The Applicant used psilocybin (mushrooms) twice in 1978.

For Applicant

Psilocybin

Experimental

Admitted

—

1.e

The Applicant used hashish about twelve times and purchased it once in 1974.

For Applicant

Marijuana

Experimental

Admitted

—

1.f

The Applicant has never sold marijuana.

For Applicant

Drug Distribution or Dealing

Not Applicable

Admitted

—

1.g

The Applicant stated he believed that his limited use did not affect his ability to perform his job.

For Applicant

Unspecified Drug Involvement

Unspecified

Admitted

—

1.h

The Applicant has no intentions of ever using any illegal drug again.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

1.i

The Applicant last used marijuana in January 1996.

For Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.j

The Applicant's long term involvement with marijuana is more recent and not mitigated.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

2.a

The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

2.b

The Applicant provided false information on his security clearance applications regarding his drug use.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

2.c

The Applicant did not reveal the truth on his security clearance applications because he was afraid of losing his job.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

2.d

The Applicant's false answers to material questions regarding his drug involvement.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

2.e

The Applicant's conduct is a negative factor for security clearance purposes.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

3.a

The Applicant knowingly and willfully provided false material information to DOD during the clearance screening process.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
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	—	—
not recovered from source	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

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

—

not recovered from source

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

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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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES