Summary
A 33-year-old research engineer was granted eligibility for access to classified information despite concerns under Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant took a prescription Tylenol pill from a friend on two occasions in 2017. Further allegations included making false statements during a polygraph interview by concealing the 2017 prescription drug use, texting while driving, and driving while intoxicated. The applicant was also accused of deliberately failing to disclose the 2017 prescription drug use on both her December 2017 and March 2019 Security Clearance Applications (SCAs), and of falsifying material facts to an investigator.
The judge found that the allegations of deliberate falsification were not established. The applicant's failure to disclose the prescription Tylenol use was attributed to a sincere belief that her actions did not constitute misuse. The judge found the applicant to be a credible and sincere witness.
Ultimately, the decision to grant the clearance was supported by strong whole-person evidence, which demonstrated the applicant's work ethic, judgment, trustworthiness, and reliability.
Why the Applicant Prevailed
- The applicant's lack of disclosure was based on a sincere belief that her actions did not constitute misuse.
- The judge found the applicant to be a credible and sincere witness.
- Strong whole-person evidence demonstrated the applicant's work ethic, judgment, trustworthiness, and reliability.
Conditions Referenced
- AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant did not intend to falsify her answers regarding prescription drug use.
- AG ¶ 16(b)rejectedDeliberately Providing False or Misleading InformationThe applicant's belief that her actions were not reportable was sincere and reasonable.
- AG ¶ 16(c)rejectedCredible Adverse Information in Several Adjudicative Issue AreasThe judge found no disqualifying conditions applied to the applicant's conduct.
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's two instances of taking Tylenol were considered minor and isolated.
Key Rule Quoted
“The clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMay 21, 2020
- Answer filedMay 28, 2020
- Hearing heldMay 20, 2022Hearing convened as scheduled.
- Decision dateSep 15, 2022
Cite For
- Credibility Assessment in Personal Conduct Cases
- Interpretation of 'misuse' of Prescription Drugs Under Guideline E
- Whole-person Analysis in Security Clearance Determinations