Summary
A 49-year-old aviation mechanic, who held a security clearance since 2008, was denied a continued security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). These concerns arose from a 2017 arrest for drug possession, along with allegations of aggravated assault and sexual assault.
Specifically, the applicant was cited for possession and use of marijuana in April 2017, including use while having access to classified information. He also faced charges for aggravated assault with a deadly weapon and sexual assault, though the sexual assault charge was dropped after a grand jury returned a 'No Bill'. Additionally, the applicant failed to fully disclose the sexual assault allegation to his Facility Security Officer and did not disclose his April 2017 drug arrest on his Security Clearance Application (SCA), although it was determined he did not deliberately falsify his answer to Question 23 of his SCA.
The administrative judge denied the clearance, concluding that the applicant's admissions regarding drug possession and the circumstances of his arrests raised significant security concerns. The applicant failed to provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use, and his inconsistent statements and lack of remorse undermined his credibility and trustworthiness.
Why the Applicant Was Denied
- The applicant's admissions regarding drug possession and the circumstances of his arrests raised significant security concerns.
- The applicant failed to provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.
- The applicant's inconsistent statements and lack of remorse undermined his credibility and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)appliedAny Substance Misuse
- AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
- AG ¶ 31(b)appliedEvidence of Criminal Conduct
- AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's admissions did not demonstrate sufficient evidence of actions taken to overcome drug involvement.
- AG ¶ 32(c)appliedNo Reliable Evidence of Criminal ConductThe aggravated assault and sexual assault charges were dropped after a grand jury returned a 'No Bill'.
- AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for CoercionThe applicant no longer has a relationship with his accuser.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMay 24, 2021
- Answer filedApr 22, 2022
- Hearing held—Decision made on the written record without a hearing.
- Decision dateApr 21, 2023
Cite For
- Insufficient Mitigation of Drug Involvement Under Guideline H
- Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
- Consideration of Personal Conduct in Security Clearance Determinations Under Guideline E