ISCR Case 97-0282.h1

Case Headnote

ISCR Case No. 97-0282.h1

deniedJan 6, 1998· Hon. Kathryn Moen Braeman· hearing

Summary

A 39-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of drug abuse, multiple criminal offenses, and a failure to fully disclose relevant information on his security questionnaire. The judge concluded that the applicant's conduct demonstrated questionable judgment and untrustworthiness, making a security clearance inconsistent with national interest.

Specific allegations included the applicant's failure to list two alcohol-related arrests from 1987 and 1993, and understating his past drug use. He denied purchasing cocaine in 1991 and using unprescribed Valium in 1977, despite evidence to the contrary. The applicant also answered "no" regarding a 30-day treatment for alcohol dependence in 1991 and was not forthcoming about the full extent of his drug use, even when confronted with medical records documenting cocaine use from 1977 to 1991. Furthermore, he failed to self-report adverse information to investigators and on security forms.

The applicant's criminal history included a felony for providing false information on a security form and a 1995 arrest for assault and risk of injury to a minor. While a mitigating condition related to personal conduct was applied, the applicant's admissions of drug abuse and criminal conduct, coupled with his failure to disclose significant history, raised concerns about his reliability. His defense regarding these omissions was deemed self-serving and insufficient to mitigate the security concerns, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to multiple instances of drug abuse and criminal conduct, including assault and DUI.
He failed to disclose significant past drug use and criminal history on his security questionnaire, raising concerns about his reliability and trustworthiness.
The applicant's defense regarding his omissions was deemed self-serving and insufficient to mitigate the security concerns.

Conditions Referenced

Disqualifying

E2.A2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A2.3raisedDeliberately Providing False or Misleading Information
J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J2raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A3.3rejectedPrompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the FactsThe applicant did not make prompt efforts to correct his omissions regarding drug use.

Key Rule Quoted

“The mere presence or absence of any given adjudication policy condition is not decisive.”

Procedural Posture

SOR issuedMay 13, 1997
Answer filedMay 23, 1997
Hearing held—Applicant did not request a hearing.
Decision dateJan 6, 1998

Cite For

Denial of Security Clearance Due to Failure to Disclose Criminal History Under Guideline J
Impact of Drug Abuse History on Security Clearance Eligibility Under Guideline E
Importance of Full Disclosure 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
1.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
1.b	Applicant failed to list two alcohol-related arrests in 1987 and in 1993 in answer to Question 22 on criminal conduct.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
1.c	Applicant understated his past drug use in answer to Question 23 and denied any drug purchase and abuse of prescription drugs when he had in fact purchased cocaine in 1991 and used unprescribed Valium in 1977.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	Applicant answered 'no' when in fact he had been treated for thirty days in 1991 for alcohol dependence.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	Applicant was not forthcoming about the full extent of his past drug use.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	Applicant denied drug involvement even after he was confronted with his medical treatment records documenting cocaine use from 1977 to 1991.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
1.g	Applicant failed to self-report adverse information in response to questions on security forms and to investigators.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

1.b

Applicant failed to list two alcohol-related arrests in 1987 and in 1993 in answer to Question 22 on criminal conduct.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

1.c

Applicant understated his past drug use in answer to Question 23 and denied any drug purchase and abuse of prescription drugs when he had in fact purchased cocaine in 1991 and used unprescribed Valium in 1977.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.d

Applicant answered 'no' when in fact he had been treated for thirty days in 1991 for alcohol dependence.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

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

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

—

1.e

Applicant was not forthcoming about the full extent of his past drug use.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.f

Applicant denied drug involvement even after he was confronted with his medical treatment records documenting cocaine use from 1977 to 1991.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

1.g

Applicant failed to self-report adverse information in response to questions on security forms and to investigators.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Admitted

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

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The applicant has a history of criminal conduct, including a felony for providing false information on a security form and a 1995 arrest for assault and risk of injury to a minor.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—
2.b	The applicant has a history of criminal conduct, including a felony for providing false information on a security form and a 1995 arrest for assault and risk of injury to a minor.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The applicant has a history of criminal conduct, including a felony for providing false information on a security form and a 1995 arrest for assault and risk of injury to a minor.

Against Applicant

Assault or Battery

Charged Not Convicted

Admitted

—

2.b

The applicant has a history of criminal conduct, including a felony for providing false information on a security form and a 1995 arrest for assault and risk of injury to a minor.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

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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