Summary
A 46-year employee of a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct, drug involvement, and personal conduct issues, including falsifying information on a security questionnaire.
The applicant's criminal history included numerous fraudulent check charges between 1988 and 2003, with multiple convictions and fines. Regarding drug involvement, the applicant used marijuana from approximately 1978 to 2003 and cocaine from 1993 to at least 2004. Despite attending inpatient treatment for Polysubstance Abuse in January and October 2003, the applicant used cocaine again in 2004, with a prognosis for continued abstinence noted as "poor."
Furthermore, the applicant falsified his Questionnaire for Public Trust Positions (SF 85P) in 2004 by admitting to a single marijuana use in 2003 but omitting any mention of his cocaine use. The judge found no mitigating factors to address the extensive criminal and drug history or the falsification, leading to a determination that the applicant was not trustworthy.
Why the Applicant Was Denied
- The applicant has a lengthy history of criminal conduct, including multiple counts of fraudulent checks from 1988 to 2004.
- The applicant has a significant history of drug use, including cocaine and marijuana, with no evidence of successful rehabilitation.
- The applicant intentionally falsified information on his security questionnaire, demonstrating a lack of trustworthiness.
Conditions Referenced
- DC araisedA Single Serious Crime or Multiple Lesser Offenses
- DC craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- DC fraisedFailure to Successfully Complete a Drug Treatment Program Prescribed by a Duly Qualified Medical Professional
- DC araisedDeliberate Omission, Concealment, or Falsification of Material Facts
- DC craisedCredible Adverse Information Which Supports a Whole Person Analysis of Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor
Key Rule Quoted
“any doubt as to whether access to classified [or ADP] information is clearly consistent with the interests of national security will be resolved in favor of the nation’s security.”
Procedural Posture
- SOR issuedAug 31, 2006
- Answer filedOct 3, 2006
- Hearing held—Decision made on the written record without a hearing.
- Decision dateMay 17, 2007
Cite For
- Denial of Security Clearance Due to Extensive Criminal History Under Guideline J
- Denial Based on Drug Involvement and Lack of Rehabilitation Under Guideline H
- Falsification of Information on Security Questionnaires Under Guideline E