Summary
The applicant, a 59-year-old defense contractor employee, faced security concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse) due to a history of drug use and falsification of security clearance questionnaires. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine national security eligibility or trustworthiness, or award fiduciary responsibilities (2.a). deliberately providing false or misleading information; or concealing or omitting information, concerning relevant facts to an employer, investigator, security official, competent medical or mental health professional involved in making a recommendation relevant to a national security eligibility determination, or other official government representative (2.b). personal conduct, or concealment of information about one's conduct, that creates a vulnerability to exploitation, manipulation, or duress by a foreign intelligence entity or other individual or group (2.e). The applicant used marijuana with various degrees of frequency from approximately 1977 to 1993 (1.a). The applicant tested positive for amphetamines in May 2014 after being granted a security clearance in 2005 (1.b). The applicant was arrested for driving under the influence of alcohol (DUI) and possession of marijuana in September 1992 (1.c). The applicant used marijuana in about 1991, while holding a security clearance (1.d). The applicant falsified information on his security clearance questionnaires regarding his drug use (1.e).
The judge denied the clearance. The government raised disqualifying conditions H.25.a, H.25.b, H.25.f, E.16.a, E.16.b, E.16.e. The judge applied mitigating conditions H.26.a, E.17.c, E.17.d. The decision turned on the following: The applicant tested positive for amphetamines while holding a security clearance; The applicant provided false information on multiple security clearance questionnaires regarding his drug use; The applicant's long history of drug use and lack of credible explanations raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant tested positive for amphetamines while holding a security clearance.
- The applicant provided false information on multiple security clearance questionnaires regarding his drug use.
- The applicant's long history of drug use and lack of credible explanations raised doubts about his reliability and trustworthiness.
Conditions Referenced
- H.25.araisedSubstance Misuse
- H.25.braisedPositive Drug Test
- H.25.fraisedIllegal Drug Use While Holding Clearance
- E.16.araisedFalsification of Relevant Facts
- E.16.braisedProviding False Information
- E.16.eraisedVulnerability to Exploitation
- H.26.arejectedBehavior Occurred Long AgoThe applicant's drug use occurred over a long period and while holding a security clearance.
- E.17.crejectedMinor Offense or Time PassedProviding false information on security clearance forms is not considered a minor offense.
- E.17.drejectedAcknowledgment and CounselingThere is no evidence that the applicant sought counseling or took steps to mitigate his behavior.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 18, 2017
- Answer filedJun 8, 2017
- Hearing heldApr 11, 2018
- Decision dateJul 19, 2018
Cite For
- Denial of Security Clearance Due to Drug Involvement and Personal Conduct Issues
- Importance of Honesty in Security Clearance Applications
- Impact of Falsification on Security Clearance Eligibility