Summary
A 24-year-old field engineer and first-time security clearance applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to using marijuana three times: twice in high school in 2003 and once in 2008. He also allowed co-workers to smoke marijuana in his vehicle. While he has not used marijuana since 2008, a significant issue arose from his March 2009 e-QIP, where he failed to disclose his past marijuana use, an omission cross-alleged as a felony under 18 USC § 1001.
Disqualifying conditions included personal conduct issues related to deliberate omission and a pattern of questionable judgment, drug involvement, and criminal conduct. Although the applicant successfully mitigated the drug involvement concerns, the judge found that he failed to mitigate the personal conduct and criminal conduct concerns.
The denial was based on the applicant's deliberate omission of past marijuana use on his e-QIP, his conduct surrounding a November 2008 arrest which raised concerns about judgment and compliance with regulations, and the lack of credibility in his explanations for the falsification.
Why the applicant was denied
- The applicant failed to disclose his past marijuana use on his e-QIP, which was a deliberate omission.
- The applicant's conduct surrounding his November 2008 arrest raised significant concerns regarding his judgment and willingness to comply with rules and regulations.
- The applicant's explanations for his falsification lacked credibility and did not mitigate the concerns.
Conditions referenced
- E2.araisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification
- E2.craisedPersonal Conduct - Credible Adverse Information
- H1.araisedDrug Involvement - Any Drug Abuse
- H1.craisedDrug Involvement - Illegal Drug Possession
- J1.araisedCriminal Conduct - Any Criminal Conduct
- H2.aappliedDrug Involvement - Behavior Happened so Long Ago
- H2.bappliedDrug Involvement - Demonstrated Intent Not to Abuse Drugs in the Future
- E3.arejectedPersonal Conduct - Prompt, Good-faith Efforts to Correct the Omission
- E3.brejectedPersonal Conduct - Failure to Cooperate Caused by Inadequate Advice
- E3.crejectedPersonal Conduct - Minor Offense or Unlikely to Recur
- E3.drejectedPersonal Conduct - Acknowledgment of Behavior and Counseling
- E3.grejectedPersonal Conduct - Association with Criminal Activity Has Ceased
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedApr 14, 2010
- Answer filedMay 4, 2010
- Hearing heldSep 28, 2010
- Decision dateJan 11, 2011
Cite for
- Failure to Disclose Past Drug Use on E-qip Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Mitigation of Drug Involvement Concerns Under Guideline H Despite Past Use.