ISCR Case 97-0019.h1

Case Headnote

ISCR Case No. 97-0019.h1

deniedMay 9, 1997· Hon. Roger C. Wesley· hearing

Summary

A 40-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of marijuana use and multiple instances of falsification regarding that use.

Specifically, the applicant used marijuana from approximately 1973 to at least June 1996 and was arrested in May 1993 for possession, pleading nolo contendere and receiving a suspended sentence with a $600 fine. He then falsified his June 1996 Questionnaire for National Security by omitting prior marijuana use and falsely denied any illegal drug use in August 1996 interviews and a sworn statement. In an October 1996 interview, he understated his marijuana use, limiting it to a single instance in 1973 or 1974, and denied any use or possession since 1975.

The judge found that the applicant's admissions and criminal conduct, including the repeated falsifications and marijuana possession conviction, raised significant security concerns. These concerns were not mitigated by the passage of time or the applicant's explanations, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a long history of marijuana use, including a conviction for possession in 1993.
The applicant falsified his security clearance application and provided misleading information during interviews.
The applicant's omissions and dishonesty demonstrated a pattern of conduct that raised security concerns.

Conditions Referenced

Disqualifying

H1raisedAny Drug Abuse.
H2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
E3raisedDeliberately Providing False or Misleading Information Concerning Any of the Relevant and Material Matters Listed Above.
E5raisedA Pattern of Dishonesty or Rule Violations.
J1raisedAny Criminal Conduct Regardless of the Person Was Formally Charged.
J2raisedA Single Serious Crime or Multiple Lesser Offenses.

Key Rule Quoted

“Security clearance decisions are not loyalty determinations, and the present case is no exception.”
— Executive Order 10865, Section 7.

Procedural Posture

SOR issuedJan 27, 1997
Answer filedFeb 18, 1997undated response received by DOHA
Hearing held—case determined on the written record
Decision dateMay 9, 1997

Cite For

Denial Based on History of Drug Use and Falsification of Information
Impact of Criminal Conduct on Security Clearance Eligibility
Importance of Candor in Security Clearance Applications

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	Falsified his Questionnaire for National Security (QNS) of June 3, 1996 by omitting his prior use of marijuana.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	—	—
2.b	Falsely denied any prior use of illegal drugs in an August 12, 1996 DIS interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	Falsified his signed, sworn DIS statement of August 13, 1996 by denying any prior use of illegal drugs.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official	—	—
2.d	Understated his use of marijuana in his October 17, 1996 DIS interview by limiting his actual use of marijuana to one-time use in 1973 or 1974.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
2.e	Further understated his use/possession of marijuana in his October 17, 1996 DIS interview by denying any use or possession of illegal drugs since 1975.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Falsified his Questionnaire for National Security (QNS) of June 3, 1996 by omitting his prior use of marijuana.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

—

2.b

Falsely denied any prior use of illegal drugs in an August 12, 1996 DIS interview.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

2.c

Falsified his signed, sworn DIS statement of August 13, 1996 by denying any prior use of illegal drugs.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

—

2.d

Understated his use of marijuana in his October 17, 1996 DIS interview by limiting his actual use of marijuana to one-time use in 1973 or 1974.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

2.e

Further understated his use/possession of marijuana in his October 17, 1996 DIS interview by denying any use or possession of illegal drugs since 1975.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana, with varying frequency, from approximately 1973 to at least June 1996	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	been arrested on May 21, 1993 in State A for violation of State's Controlled Substance Act and possession of marijuana	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

used marijuana, with varying frequency, from approximately 1973 to at least June 1996

Against Applicant

Marijuana

Frequent

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

been arrested on May 21, 1993 in State A for violation of State's Controlled Substance Act and possession of marijuana

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Engaged in a history or pattern of criminal conduct by virtue of his alleged repeated instances of falsification and single instance of marijuana possession for which he was convicted in State A.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.b	Applicant is alleged to have been arrested on May 21, 1993 in State A for violation of State's Controlled Substance Act and possession of marijuana; he pleaded nolo contendere to the marijuana possession charge and was sentenced to 12 months of confinement (suspended upon payment of $600.00 fine).	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(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

Engaged in a history or pattern of criminal conduct by virtue of his alleged repeated instances of falsification and single instance of marijuana possession for which he was convicted in State A.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

3.b

Applicant is alleged to have been arrested on May 21, 1993 in State A for violation of State's Controlled Substance Act and possession of marijuana; he pleaded nolo contendere to the marijuana possession charge and was sentenced to 12 months of confinement (suspended upon payment of $600.00 fine).

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

Loading case…

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

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES