Summary
A 22-year-old defense contractor employee, with five years of service, was denied a security clearance primarily under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the applicant's failure to report drug use on his 2002 SF 86 form, specifically at Question 27. Further concerns arose from inconsistent statements provided to two investigators regarding the frequency and dates of his drug use.
Disqualifying conditions under Guideline E included the deliberate omission of information and providing misleading statements. While mitigating conditions were applied, such as the passage of time and positive conduct, particularly concerning allegations under Guideline J related to criminal conduct, these were insufficient to overcome the personal conduct issues.
The ultimate denial was based on the applicant's failure to report drug use on his SF 86, which was deemed difficult to explain given the detailed information provided elsewhere in his application. Additionally, the failure to report a 2003 drug possession arrest during probation indicated an intention to minimize his drug use, reinforcing the security concerns under Guideline E.
Why the Applicant Was Denied
- Applicant failed to report drug use on his SF 86, raising security concerns under Guideline E.
- The omission of drug use information was difficult to explain given the detail provided on other matters in the application.
- The failure to report a 2003 drug possession arrest during probation indicated an intention to minimize drug use.
Conditions Referenced
- AG 16 araisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- AG 16 braisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts in a Personnel Security Interview
- AG 32 aappliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur
- AG 32 bappliedEvidence of Successful Rehabilitation Without Recurrence of Criminal Activity, Remorse, and a Good Employment Record
Key Rule Quoted
“The objective of the security clearance process is the fair-minded, commonsense assessment of a person’s trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedSep 22, 2006
- Answer filedOct 13, 2006
- Hearing heldMay 30, 2007
- Decision dateJul 30, 2007
Cite For
- Failure to Report Drug Use on SF 86 Under Guideline E
- Mitigation of Criminal Conduct Due to Passage of Time Under Guideline J
- Consideration of the Whole Person Concept in Security Clearance Determinations