Summary
A 49-year-old engineering specialist was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of illegal drug use and falsification of security clearance applications. The applicant admitted to using marijuana from 1997 to 2005, including purchasing and cultivating it, and also used cocaine in 1977 and hashish between 1977 and 1981. In 1979, the applicant was arrested for DUI and possession of cannabis.
The applicant also falsified a December 1984 security clearance application by omitting drug usage, misrepresented drug usage in an August 1988 Defense Security Service interview, and denied prior drug usage in an October 2008 affidavit submitted to the DoD. Additionally, the applicant was terminated in October 2004 for making inappropriate harassing comments and failing to treat other employees with dignity and respect.
Despite the applicant's commitment to abstain from drugs since June 2005 and positive character references, the judge found that the long history of illegal drug use, falsification of applications, and past workplace conduct raised significant concerns about reliability and trustworthiness, leading to the denial of the security clearance.
Why the applicant was denied
- The applicant had a long history of illegal drug use, including marijuana and cocaine, which raised reliability concerns.
- The applicant falsified his security clearance application and misrepresented his drug use during interviews, indicating a lack of candor.
- The applicant's past behavior, including drug cultivation and inappropriate workplace conduct, contributed to doubts about his trustworthiness.
Conditions referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- DC ¶ 15raisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
- MC ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's long history of drug use and cultivation raised ongoing concerns.
- MC ¶ 26(b)rejectedAn Appropriate Period of AbstinenceWhile the applicant has abstained since June 2005, the judge found insufficient evidence to mitigate the concerns.
- MC ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to RecurThe applicant's past misrepresentations and ongoing concerns about drug use outweighed his assurances.
Key rule quoted
“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural posture
- SOR issuedSep 30, 2009
- Answer filedOct 22, 2009
- Hearing heldJan 13, 2010
- Decision dateMar 29, 2010
Cite for
- Denial of Security Clearance Due to Long History of Drug Use and Misrepresentation Under Guideline E and H
- Impact of Past Drug Involvement on Current Reliability and Trustworthiness
- Importance of Candor in Security Clearance Applications and Interviews