ISCR Case 96-0767.h1

Case Headnote

ISCR Case No. 96-0767.h1

deniedJul 17, 1997· Hon. Joseph Testan· hearing

Summary

A 40-year-old divorced systems engineer was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of voyeuristic activities, drug use, and intentional falsification of information on a security questionnaire.

Specifically, the applicant engaged in voyeuristic behavior, at times daily, from approximately 1980 through May 1996, leading to an arrest for Criminal Trespass in December 1994 after jumping into a neighbor's backyard. Additionally, the applicant used marijuana, at times daily, from approximately 1976 to March or April 1996, and purchased it weekly from 1979 to March or April 1996. He also used hash, speed, and cocaine a few times in the 1970s.

Crucially, the applicant intentionally provided false, material information on a National Agency Questionnaire (NAQ) executed on July 7, 1992, by answering "no" to a question about prior drug use, despite his history of cannabis use. The judge concluded that the applicant's long-term voyeurism, drug abuse, and deliberate misrepresentation demonstrated a lack of judgment and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant engaged in voyeuristic activities from approximately 1980 to May 1996, resulting in a criminal trespass arrest in 1994.
The applicant intentionally provided false information regarding drug use on a National Agency Questionnaire, reflecting adversely on his judgment and reliability.
The applicant's history of drug abuse, including marijuana and other substances, indicated an inability to adhere to security responsibilities.

Conditions Referenced

Disqualifying

D1raisedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted.
D2raisedCompulsive or Addictive Sexual Behavior When the Person Is Unable to Stop a Pattern of Self-destructive or High-risk Behavior or That Which Is Symptomatic of a Personality Disorder.
D4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment.
J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
H1raisedAny Drug Abuse.
E2raisedThe 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.

Key Rule Quoted

“In DOHA cases, the Government has the initial burden of producing evidence that reasonably suggests an applicant cannot be relied upon to safeguard classified information.”

Procedural Posture

SOR issuedNov 26, 1996
Answer filedDec 20, 1996
Hearing heldApr 2, 1997
Decision dateJul 17, 1997

Cite For

Denial Based on Long-term Voyeuristic Behavior Under Guideline D
Denial Due to Intentional Falsification of Information Under Guideline E
Denial Related to Drug Abuse History Under Guideline H

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	Applicant engaged in voyeuristic activities with varying frequency, at times daily, from approximately 1980 through May 1996.	Against Applicant	Compulsive Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	—	—
1.b	On December 20, 1994, applicant was arrested for Criminal Trespass after he jumped over a fence into his neighbor's backyard "early one morning to see what (he) could see."	Against Applicant	Criminal Sexual Conduct	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
1.c	Applicant intentionally provided false, material information to the Government when he responded "no" to question 20.a. on the NAQ he executed on July 7, 1992.	Against Applicant	Unspecified Sexual Behavior	Denied	(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop	—	—
1.d	specific text not stated in this decision	Against Applicant	Unspecified Sexual Behavior	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

Applicant engaged in voyeuristic activities with varying frequency, at times daily, from approximately 1980 through May 1996.

Against Applicant

Compulsive Sexual Behavior

Denied

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

—

1.b

On December 20, 1994, applicant was arrested for Criminal Trespass after he jumped over a fence into his neighbor's backyard "early one morning to see what (he) could see."

Against Applicant

Criminal Sexual Conduct

Denied

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

—

1.c

Applicant intentionally provided false, material information to the Government when he responded "no" to question 20.a. on the NAQ he executed on July 7, 1992.

Against Applicant

Unspecified Sexual Behavior

Denied

(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop

—

1.d

specific text not stated in this decision

Against Applicant

Unspecified Sexual Behavior

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	On a NAQ signed by you on July 7, 1992, you answered "no" to question 20.a. which asked: "Have you ever tried or used or possessed any narcotic (to include heroin or cocaine), depressant (to include Quaaludes), stimulant, hallucinogen (to include LSD or PCP), or cannabis (to include marijuana or hashish), or any mind-altering substance (to include glue or paint), even one time or on an experimental basis, except as prescribed by a licensed physician?" when in fact, as you well knew, you had used cannabis as alleged in paragraph 3.a. of the SOR.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—
4.b–4.d	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

On a NAQ signed by you on July 7, 1992, you answered "no" to question 20.a. which asked: "Have you ever tried or used or possessed any narcotic (to include heroin or cocaine), depressant (to include Quaaludes), stimulant, hallucinogen (to include LSD or PCP), or cannabis (to include marijuana or hashish), or any mind-altering substance (to include glue or paint), even one time or on an experimental basis, except as prescribed by a licensed physician?" when in fact, as you well knew, you had used cannabis as alleged in paragraph 3.a. of the SOR.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

—

4.b–4.d

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency, at times daily, from approximately 1976 to March or April 1996.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	Applicant purchased marijuana with varying frequency, at times weekly, from approximately 1979 to March or April 1996.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant used hash, speed and cocaine a few times in the 1970s.	Against Applicant	Cocaine	Experimental	Admitted	—	—	—
1.d	Applicant intentionally provided false, material information to the Government when he responded "no" to question 20.a. on the NAQ he executed on July 7, 1992.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Denied	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana with varying frequency, at times daily, from approximately 1976 to March or April 1996.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.b

Applicant purchased marijuana with varying frequency, at times weekly, from approximately 1979 to March or April 1996.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.c

Applicant used hash, speed and cocaine a few times in the 1970s.

Against Applicant

Cocaine

Experimental

Admitted

—

1.d

Applicant intentionally provided false, material information to the Government when he responded "no" to question 20.a. on the NAQ he executed on July 7, 1992.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant engaged in voyeuristic activities with varying frequency, at times daily, from approximately 1980 through May 1996.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	On December 20, 1994, applicant was arrested for Criminal Trespass after he jumped over a fence into his neighbor's backyard.	Against Applicant	Trespassing or Burglary	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant intentionally provided false, material information to the Government when he responded 'no' to question 20.a. on the NAQ he executed on July 7, 1992.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	Applicant used marijuana with varying frequency, at times daily, from approximately 1976 to March or April 1996.	Against Applicant	Drug Related Criminal Charge	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

1.a

Applicant engaged in voyeuristic activities with varying frequency, at times daily, from approximately 1980 through May 1996.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

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

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

—

1.b

On December 20, 1994, applicant was arrested for Criminal Trespass after he jumped over a fence into his neighbor's backyard.

Against Applicant

Trespassing or Burglary

Convicted

Denied

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

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

—

1.c

Applicant intentionally provided false, material information to the Government when he responded 'no' to question 20.a. on the NAQ he executed on July 7, 1992.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

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

—

1.d

Applicant used marijuana with varying frequency, at times daily, from approximately 1976 to March or April 1996.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES