Summary
A 34-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of illegal drug use, criminal conduct, and a lack of candor during the clearance process.
Specifically, the applicant used marijuana with varying frequency from approximately 1991 through at least December 2006, including while holding a security clearance granted in April 1998. This history included arrests in June 1994 for planting and cultivating marijuana, and in September 1998 for a 1992 Driving Under the Influence offense, during which he was also charged with possession of a marijuana cigarette. The applicant's conduct, including providing incomplete and untruthful answers about his drug involvement on applications and during interviews, was found to violate Federal Law, Title 18, United States Code, Section 1001, a felony.
The judge determined that the applicant's continued marijuana use, even with a clearance, and his dishonesty in reporting this conduct, raised significant security concerns. This demonstrated questionable judgment and a lack of candor, ultimately undermining the trust required for a security clearance. The application was therefore DENIED.
Why the Applicant Was Denied
- Applicant had a long history of illegal drug use, including marijuana, even while holding a security clearance.
- Applicant provided incomplete and untruthful answers regarding his drug involvement on security clearance applications and during interviews.
- Applicant's conduct exhibited questionable judgment and a lack of candor, undermining trust necessary for security clearance.
Conditions Referenced
- DC 25(a)raisedAny Drug Abuse
- DC 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- DC 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- DC 16(a)appliedDeliberate Omission, Concealment, and Falsification of Relevant Facts
- DC 16(b)appliedDeliberately Providing False Relevant Information to the Government
- DC 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
- DC 31(c)appliedAllegations or Admissions of Criminal Conduct
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 issuedApr 4, 2008
- Answer filedJun 2, 2008
- Hearing heldAug 1, 2008
- Decision dateSep 9, 2008
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Lack of Candor and Dishonesty Impacting Security Clearance Eligibility Under Guideline E
- Criminal Conduct Related to False Statements Impacting Security Clearance Under Guideline J