Summary
A 24-year-old systems engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had a history of drug-related arrests and provided false information on his e-QIP application and to investigators.
Specifically, the applicant failed to disclose a May 1999 arrest for marijuana possession on his e-QIP application. He also falsely claimed to an OPM investigator in October 2006 that he had never used illegal drugs, and made a similar false statement to his employer later that month. His criminal history included charges for possession of drug paraphernalia and cannabis in May 1999, careless driving in August 2004, and a September 2006 arrest for possession of marijuana and drug paraphernalia, during which he was uncooperative and made conflicting statements.
The denial was based on the applicant's deliberate omission of a prior drug arrest, his recent arrest for marijuana possession, and his inconsistent and incredible explanations for his conduct, particularly regarding the ownership of the marijuana found in his vehicle. The judge found that these issues demonstrated a lack of candor, judgment, and trustworthiness, which were not mitigated by the applicant's explanations.
Why the Applicant Was Denied
- The applicant deliberately omitted a prior drug-related arrest from his e-QIP application, raising concerns about his honesty and reliability.
- The applicant's recent arrest for possession of marijuana indicated a lack of judgment and trustworthiness.
- The applicant's explanations for his conduct were inconsistent and not credible, particularly regarding the ownership of the marijuana found in his vehicle.
Conditions Referenced
- J 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- J 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- E 16(a)raisedPersonal Conduct - Deliberate Omission, Concealment, or Falsification of Relevant Facts
- E 16(e)raisedPersonal Conduct - Deliberately Providing False or Misleading Information
- J 32(a)rejectedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent arrest did not allow for sufficient time to mitigate concerns.
- J 33(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationThe applicant's failure to accept responsibility for his actions raised concerns about his rehabilitation.
- E 17(a)rejectedPersonal Conduct - Prompt, Good-faith Efforts to Correct the OmissionThe applicant did not disclose the omission before being confronted with the facts.
- E 17(c)rejectedPersonal Conduct - the Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is InfrequentThe applicant's lack of honesty about his marijuana use precluded this mitigating condition.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedJun 3, 2008
- Answer filedJun 18, 2008
- Hearing heldSep 10, 2008
- Decision dateOct 21, 2008
Cite For
- Deliberate Omission of Prior Arrests Under Guideline E
- Credibility Issues Related to Drug Use Under Guideline J
- Impact of Criminal Conduct on Security Clearance Eligibility