Summary
A 44-year-old defense contractor technician was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from a history of marijuana use and multiple instances of falsifying security clearance applications.
Specifically, the applicant admitted to using marijuana for four and a half years while already holding a security clearance. He also deliberately provided false information or omitted required details on his December 2003, November 2006, and February 2009 security clearance applications concerning his drug use. Additionally, the applicant purchased two AK-47s at a flea market in the Middle East in 2004 while on a company assignment, violating rules regarding weapon acquisition and retention.
The judge found that the applicant's drug use while cleared, combined with his omissions and false statements, demonstrated a lack of reliability and trustworthiness. Although some mitigating conditions were considered, the significant concerns regarding his judgment, honesty, and adherence to rules ultimately led to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to a four and one-half year history of marijuana use while holding a security clearance.
- The applicant falsified information on multiple security clearance applications regarding his drug use.
- The applicant's purchase of AK-47 rifles in Iraq violated rules regarding weapon acquisition and raised concerns about his judgment.
Conditions referenced
- H.25.araisedAny Drug Abuse
- H.25.craisedIllegal Drug Possession
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16.draisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's last drug use occurred in April 2008, and he had a lengthy history of drug use.
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant submitted a signed statement of intent with automatic revocation of clearance for any violation.
- E.17.arejectedPrompt, Good-faith Efforts to Correct the Omission, Concealment, or FalsificationThe applicant's falsifications were not corrected until confronted during security testing.
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedJun 29, 2010
- Answer filedJul 21, 2010Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateFeb 25, 2011
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Falsification of Security Clearance Applications Under Guideline E
- Consideration of Past Conduct While Holding a Security Clearance