Summary
A 29-year-old installation technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of marijuana use, a DUI conviction, and falsification of security clearance applications.
The applicant's history included purchasing and using marijuana from approximately 2004 to February 2016, with use continuing after being granted a security clearance in September 2009. He was charged with marijuana possession in April 2011 and November 2015. Additionally, he was arrested for DUI in April 2015, facing charges that also included a one-way street violation and operating without headlights. Other charges included reckless driving and speeding in February 2013.
The applicant falsified his security clearance application in June 2009 by denying illegal controlled substance use and involvement in marijuana possession or purchase within the preceding seven years. He also provided false information during an August 2012 interview, stating he had not used marijuana since age 15. The judge found that the applicant's ongoing substance use and criminal behavior, coupled with his lack of candor, raised significant concerns about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant had a history of illegal drug use, including marijuana, which continued after obtaining a security clearance.
- The applicant was convicted of DUI and had multiple arrests for drug-related offenses, indicating a pattern of criminal conduct.
- The applicant provided false information on his security clearance applications, undermining his credibility.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 31(a)raisedPattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 16(a)raisedDeliberate Omission or Falsification
- AG ¶ 16(b)raisedProviding False or Misleading Information
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's drug involvement was not infrequent and did not occur under circumstances making recurrence unlikely.
- AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant did not provide evidence of actions taken to overcome his drug problem.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's criminal behavior was recent and ongoing.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's compliance with probation was undermined by continued drug use.
- AG ¶ 23(a)appliedTime Passed Since Alcohol-related IncidentsThe applicant has abstained from alcohol since Thanksgiving 2015.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedDec 21, 2016
- Answer filedFeb 17, 2017
- Hearing heldSep 13, 2017
- Decision dateDec 15, 2017
Cite For
- Denial of Security Clearance Due to Ongoing Drug Involvement and Criminal Conduct
- Impact of Falsification on Security Clearance Eligibility
- Consideration of Recent Criminal Behavior in Security Clearance Decisions