Summary
A 33-year-old vehicle refueler for a defense contractor was denied a security clearance due to concerns under Guideline J (Criminal Conduct), Guideline H (Drug Involvement), and Guideline E (Personal Conduct). The applicant's Statement of Reasons detailed a history of criminal conduct, including arrests in April 2008 for brandishing a firearm, February 2009 for marijuana possession, July 2013 for assault on a family member, and November 2013 for felony malicious injury and unlawful wounding. Further arrests occurred in July 2018 for assault on a family member, resulting in an emergency protective order, and in November 2018 for driving under the influence.
Additionally, the applicant was alleged to have purchased and used marijuana from approximately 2001 to 2013 or 2014, with use continuing after being granted access to classified information in May 2007. The applicant also falsified his 2007 and 2017 Security Clearance Applications by deliberately failing to disclose his marijuana involvement.
While some mitigating conditions were applied regarding drug involvement, the judge ultimately found that the applicant's extensive criminal history and issues with personal conduct were not sufficiently addressed. The judge was not convinced that recent life changes would prevent a recurrence of past behaviors, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant had a significant history of criminal conduct, including multiple arrests and convictions.
- The applicant falsified information on his security clearance applications, which raised serious concerns about his reliability and trustworthiness.
- The judge was not convinced that the applicant's recent life changes would prevent a recurrence of past behaviors.
Conditions referenced
- AG ¶ 31(b)raisedCriminal Conduct
- AG ¶ 16(a)raisedPersonal Conduct
- AG ¶ 25(a)raisedDrug Involvement
- AG ¶ 26(a)appliedDrug InvolvementThe applicant has abstained from marijuana use since 2014.
- AG ¶ 32(c)rejectedCriminal ConductThe applicant's criminal history was extensive and recent enough to raise concerns.
- AG ¶ 17(a)rejectedPersonal ConductThe applicant did not disclose his drug use until confronted by investigators.
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedJul 15, 2019
- Answer filedNov 4, 2019
- Hearing heldMay 12, 2021via video teleconference
- Decision dateJun 10, 2021
Cite for
- Denial Based on Extensive Criminal History Under Guideline J
- Falsification of Security Clearance Applications Under Guideline E
- Mitigation of Drug Involvement Under Guideline H Despite Other Disqualifying Factors.