Summary
The applicant, a 54-year-old defense contractor, sought a security clearance under Guideline E due to issues of personal conduct related to drug use and dishonesty. The applicant admitted to multiple instances of illegal drug use and provided incomplete and untruthful answers on security clearance applications. The judge found that the applicant's lack of candor and continued drug use after obtaining a clearance raised significant security concerns, leading to a denial of the application.
Under Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant executed a Security Clearance Application (SCA) on October 5, 2006. Question #24 a. of the SCA asked since the age of 16 or in the previous seven years, whichever is shorter, had Applicant illegally used any controlled substance? Applicant answered "Yes" to this question, and he listed the use of marijuana on one occasion in July 2000. The Government alleges, and Applicant has admitted in his RSOR, that he should have disclosed his use of marijuana, a few times weekly, from at least 1999 until at least August 2000 (1.a). Question 24 b. of Exhibit 1 asks whether Applicant had ever illegally used any controlled substance while possessing a security clearance. Applicant answered "No" to this question. The Government alleges, and Applicant has admitted in his RSOR, that he should have disclosed his use of marijuana, a few times weekly, until at least August 2000, after he had been granted a Department of Defense Security Clearance in approximately April 1997 (1.b). Applicant executed a Security Clearance Application (SCA), on January 14, 2003. Question #24 a. of the SCA asked since the age of 16 or in the previous seven years, whichever is shorter, had Applicant illegally used any controlled substance? Applicant answered "Yes" to this question, and he listed the use of marijuana on five occasions in July 2000. The Government alleges, and Applicant has admitted in his RSOR, that he should have disclosed his use of marijuana, a few times weekly, from at least 1996 until at least August 2000, and his use of cocaine from at least 1996 to at least 1997 (1.c). Question 24 b. of Exhibit 2 asks whether Applicant had ever illegally used any controlled substance while possessing a security clearance. Applicant answered "No" to this question. The Government alleges, and Applicant has admitted in his RSOR that he should have disclosed his use of marijuana, until at least August 2000, after he had been granted a Department of Defense Security Clearance in approximately April 1997 (1.d). Applicant executed a Security Clearance Application (SCA), on December 5, 1996. Question #24 a. of the SCA asked since the age of 16 or in the previous seven years, whichever is shorter, had Applicant illegally used any controlled substance? Applicant answered "No" to this question. The Government alleges, and Applicant has admitted in his RSOR, that he should have disclosed his use of marijuana, and cocaine from at least 1989 to at least 1996 (1.e). Applicant used marijuana until at least August 2000 after he had been granted a Department of Defense Security clearance in approximately 1997. In his RSOR, Applicant admitted this allegation (1.f). Applicant’s access to Sensitive Compartmented Information was revoked in 2001 by another Government Agency as a result of Applicant’s drug usage. In his RSOR, Applicant admitted this allegation (1.g). Applicant was denied program access by the United States Air Force in 2004, as a result of Applicant’s drug usage and his failure to provide truthful answers during security processing. In his RSOR, Applicant admitted this allegation. Exhibit 6 includes a letter from the United States Air Force, dated Applicant 29, 2004, which explained that Applicant was denied program access because of his failure, on multiple occasions, to furnish complete and truthful information about his drug usage (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a). The decision turned on the following: The applicant admitted to using marijuana and cocaine while failing to disclose the full extent of this drug use on multiple security clearance applications; The applicant's dishonesty and lack of candor were evident in his responses to the security clearance applications, undermining trustworthiness; The applicant continued to use illegal substances after being granted a security clearance, demonstrating poor judgment.
Why the Applicant Was Denied
- The applicant admitted to using marijuana and cocaine while failing to disclose the full extent of this drug use on multiple security clearance applications.
- The applicant's dishonesty and lack of candor were evident in his responses to the security clearance applications, undermining trustworthiness.
- The applicant continued to use illegal substances after being granted a security clearance, demonstrating poor judgment.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, and Falsification of Relevant Facts
Key Rule Quoted
“The Government relies heavily on the honesty and integrity of individuals seeking access to our nation’s secrets.”
Procedural Posture
- SOR issuedJul 31, 2009
- Answer filedAug 13, 2009
- Hearing heldDec 17, 2009
- Decision dateMay 4, 2010
Cite For
- Issues of Personal Conduct Under Guideline E
- Importance of Honesty and Candor in Security Clearance Applications
- Impact of Drug Use on Security Clearance Eligibility