ISCR Case 96-0842.h1

Case Headnote

ISCR Case No. 96-0842.h1

deniedJul 3, 1997· Hon. Elizabeth M. Matchinski· hearing

Summary

A 54-year-old engineer employed by a defense contractor was denied retention of his Secret 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 illegal drug use and repeated false statements made on security clearance applications and during interviews.

Specifically, the applicant abused marijuana from the 1970s until 1983, and used cocaine with his sons and their friends from 1984 to 1987, also selling small amounts of cocaine. He then falsely denied all drug involvement on his Personnel Security Questionnaire, Standard Form 86, and during Defense Investigative Service interviews, even after being advised of federal law regarding misrepresentation.

The judge found that the applicant's repeated misrepresentations, which constituted a felony violation of federal law, demonstrated a lack of trustworthiness and reliability. This pattern of dishonesty and concealment of relevant information, particularly the recency of the misrepresentations, raised significant security concerns, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant engaged in illegal drug use, including marijuana and cocaine, while holding a security clearance.
The applicant made false statements on security clearance applications regarding his drug use history.
The applicant's pattern of dishonesty and concealment of relevant information raised significant security concerns.

Conditions Referenced

Disqualifying

E2raisedPersonal ConductThe applicant's deliberate omission, concealment, or falsification of relevant and material facts from personnel security questionnaires.
E3raisedPersonal ConductThe applicant provided false or misleading information concerning relevant and material matters to an investigator.
E5raisedPersonal ConductThe applicant demonstrated a pattern of dishonesty.
C1raisedCriminal ConductThe applicant engaged in criminal conduct related to drug use.
C2raisedCriminal ConductThe applicant's conduct included multiple lesser offenses.

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 issuedDec 12, 1996
Answer filedJan 21, 1997
Hearing heldMay 22, 1997
Decision dateJul 3, 1997

Cite For

Denial of Security Clearance Due to Drug Use and Dishonesty
Impact of False Statements on Security Clearance Applications
Importance of Trustworthiness in Security Clearance Determinations

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.(1)	The Applicant abused marijuana from the 1970s until 1983, while holding a Secret security clearance.	Against Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
1.a.(2)	The Applicant used cocaine with his sons and their friends from 1984 to 1987, and sold small amounts to them.	Against Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted	—	—
1.a.(3)	The Applicant falsely denied drug use on his Personnel Security Questionnaire and Standard Form 86.	Against Applicant	Unspecified 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	—	—
1.a.(4)	The Applicant was not forthright about his drug abuse history during interviews with the Defense Investigative Service.	Against Applicant	Unspecified 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	—	—
1.a.(5)	The Applicant's conduct constitutes a felony violation of federal law due to his misrepresentations.	Against Applicant	Unspecified 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	—	—
1.b.(1)	The Applicant's drug abuse and dishonesty raise significant security concerns.	Against Applicant	Unspecified 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	—	—
1.c.	The Applicant's pattern of dishonesty is indicative of poor judgment and reliability.	Against Applicant	Unspecified 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	—	—
2.a.	The Applicant's conduct is viewed as especially serious due to the recency of the misrepresentations.	Against Applicant	Unspecified 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	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a.(1)

The Applicant abused marijuana from the 1970s until 1983, while holding a Secret security clearance.

Against Applicant

Unspecified Sexual Behavior

Denied

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

—

1.a.(2)

The Applicant used cocaine with his sons and their friends from 1984 to 1987, and sold small amounts to them.

Against Applicant

Unspecified Sexual Behavior

Denied

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

—

1.a.(3)

The Applicant falsely denied drug use on his Personnel Security Questionnaire and Standard Form 86.

Against Applicant

Unspecified 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

—

1.a.(4)

The Applicant was not forthright about his drug abuse history during interviews with the Defense Investigative Service.

Against Applicant

Unspecified 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

—

1.a.(5)

The Applicant's conduct constitutes a felony violation of federal law due to his misrepresentations.

Against Applicant

Unspecified 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

—

1.b.(1)

The Applicant's drug abuse and dishonesty raise significant security concerns.

Against Applicant

Unspecified 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

—

1.c.

The Applicant's pattern of dishonesty is indicative of poor judgment and reliability.

Against Applicant

Unspecified 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

—

2.a.

The Applicant's conduct is viewed as especially serious due to the recency of the misrepresentations.

Against Applicant

Unspecified 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

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a.(1)	Applicant falsely denied any drug involvement, thereby concealing his history of use and purchase of marijuana, and his abuse, purchases and sale of cocaine because he feared loss of employment and the clearance requested.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.a.(2)	Applicant falsely denied any drug use, purchase and sale on his June 20, 1984 PSQ.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.a.(3)	Applicant falsely denied on his SF 86 any use of drugs while he held a security clearance when he in fact had used cocaine.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.a.(4)	During a DIS subject interview of August 12, 1996, Applicant again denied any involvement in illegal drugs.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.a.(5)	Applicant initially denied any abuse of marijuana, notwithstanding he had been advised of the Privacy Act and Title 18, Section 1001 of the United States Code and confronted with the fact that the Government had information which provided reason to believe he had not been honest about his drug abuse history.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b.(1)	Applicant's conduct constitutes a felony violation of federal law pursuant to Title 18, Section 1001 of the United States Code.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c.	Applicant's repeated nature of the falsifications precludes favorable consideration of mitigating conditions.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a.(1)

Applicant falsely denied any drug involvement, thereby concealing his history of use and purchase of marijuana, and his abuse, purchases and sale of cocaine because he feared loss of employment and the clearance requested.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.a.(2)

Applicant falsely denied any drug use, purchase and sale on his June 20, 1984 PSQ.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.a.(3)

Applicant falsely denied on his SF 86 any use of drugs while he held a security clearance when he in fact had used cocaine.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.a.(4)

During a DIS subject interview of August 12, 1996, Applicant again denied any involvement in illegal drugs.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.a.(5)

Applicant initially denied any abuse of marijuana, notwithstanding he had been advised of the Privacy Act and Title 18, Section 1001 of the United States Code and confronted with the fact that the Government had information which provided reason to believe he had not been honest about his drug abuse history.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.b.(1)

Applicant's conduct constitutes a felony violation of federal law pursuant to Title 18, Section 1001 of the United States Code.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.c.

Applicant's repeated nature of the falsifications precludes favorable consideration of mitigating conditions.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

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

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a.(1)	The applicant abused marijuana from the 1970s until 1983, at times daily.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.a.(2)	The applicant used cocaine a couple of times per month starting in 1984, increasing to twice per week until he ceased all use in 1987.	Against Applicant	CocaineWHILE CLEARED	Frequent	Admitted	—	—	—
1.a.(3)	The applicant purchased marijuana and cocaine for personal use.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.a.(4)	The applicant sold small amounts of cocaine to friends of his sons.	Against Applicant	Drug Distribution or DealingWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.a.(5)	The applicant falsified information on security clearance applications regarding his drug use.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
1.b.(1)	The applicant failed to disclose his drug use on his security clearance applications.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Denied	—	—	—
1.c.	The applicant's drug use and falsifications raise security concerns regarding his judgment and reliability.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a.(1)

The applicant abused marijuana from the 1970s until 1983, at times daily.

Against Applicant

MarijuanaWHILE CLEARED

Regular

Admitted

—

1.a.(2)

The applicant used cocaine a couple of times per month starting in 1984, increasing to twice per week until he ceased all use in 1987.

Against Applicant

CocaineWHILE CLEARED

Frequent

Admitted

—

1.a.(3)

The applicant purchased marijuana and cocaine for personal use.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.a.(4)

The applicant sold small amounts of cocaine to friends of his sons.

Against Applicant

Drug Distribution or DealingWHILE CLEARED

Not Applicable

Admitted

—

1.a.(5)

The applicant falsified information on security clearance applications regarding his drug use.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

1.b.(1)

The applicant failed to disclose his drug use on his security clearance applications.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Denied

—

1.c.

The applicant's drug use and falsifications raise security concerns regarding his judgment and reliability.

Against Applicant

Unspecified Drug InvolvementWHILE CLEARED

Unspecified

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a.	The applicant has a history of illegal drug use, including marijuana and cocaine, and has made false statements regarding this history on security clearance applications.	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

2.a.

The applicant has a history of illegal drug use, including marijuana and cocaine, and has made false statements regarding this history on security clearance applications.

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES