Summary
A 26-year-old woman was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed her drug use history, including marijuana from 1997 to October 2004, cocaine once around 1998, and crack cocaine from November 2002 to October 2004. Additionally, she was arrested and charged with possession of drug paraphernalia on July 7, 2004, after a drug pipe was found in her car.
A primary concern was her failure to disclose this drug use and the 2004 arrest and charge on her 2006 security clearance application. While she received in-patient drug treatment in Maryland from October 28, 2004, to November 25, 2004, and mitigating conditions related to drug rehabilitation were considered, the judge ultimately found her lack of candor on the application to be a significant issue.
The denial was based on the applicant's failure to disclose her drug use and related legal issues, which demonstrated a lack of honesty and reliability. The judge concluded that these omissions, particularly under Guideline E, were sufficient to warrant the denial of her security clearance.
Why the Applicant Was Denied
- The applicant failed to disclose her drug use and related legal issues on her security clearance application, demonstrating a lack of honesty and reliability.
- The judge found that the applicant's admissions of past drug use and her failure to disclose this information raised significant concerns under Guideline E.
Conditions Referenced
- H.1.araisedAny Drug Abuse
- H.1.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- E.2.araisedThe Deliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire or Similar Form
- H.2.aappliedThe Individual Has Successfully Completed a Prescribed Drug Treatment Program
- H.2.bappliedThe Individual Has Demonstrated a Clear and Established Pattern of Abstinence From Drug Use
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedApr 30, 2008
- Answer filedMay 21, 2008
- Hearing heldAug 26, 2008
- Decision dateSep 10, 2008
Cite For
- Failure to Disclose Drug Use on Security Clearance Applications Under Guideline E
- Impact of Drug Involvement on Security Clearance Eligibility Under Guideline H
- Importance of Honesty in Security Clearance Applications and the Fiduciary Relationship with the Government