Summary
A 29-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of extensive drug use, including smoking marijuana approximately 100 times between 2001 and January 2008, and using cocaine on two occasions between 2004 and 2006. In 2005, she was arrested and charged with driving under the influence, possession of marijuana, possession of drug paraphernalia, and failure to provide proof of insurance.
A significant factor in the denial was the applicant's intentional falsification of her SF 86 in May 2008. She minimized her marijuana use and falsely stated that she had not used illegal drugs after June 2006. This dishonesty undermined her credibility and raised further security concerns.
Despite the applicant's claims of rehabilitation and abstinence from illegal drugs since January 2008, the judge found that her extensive past drug use and the intentional falsification of her application were disqualifying. The decision concluded that her past conduct continued to cast doubt on her reliability and trustworthiness, leading to the denial of her security clearance.
Why the Applicant Was Denied
- Applicant had a history of extensive drug use, including marijuana and cocaine, which raised security concerns.
- Applicant intentionally falsified her security clearance application regarding her drug use, undermining her credibility.
- The applicant's past conduct continued to cast doubt on her reliability and trustworthiness.
Conditions Referenced
- H.25(a)raisedDrug Abuse
- H.25(c)raisedIllegal Drug Possession
- E.16(a)raisedDeliberate Omission or Falsification
- H.26(a)rejectedBehavior Occurred Long AgoThe applicant's extensive drug use and dishonesty were recent and significant.
- H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's past drug use and dishonesty undermined her claims of intent not to use drugs.
- E.17(a)rejectedPrompt Good-faith Efforts to CorrectThe applicant's admission of drug use was not made until after being confronted during the background investigation.
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 issuedMay 29, 2009
- Answer filedJun 2, 2009
- Hearing held—Case decided on written record.
- Decision dateOct 9, 2009
Cite For
- Disqualifying Conditions for Drug Involvement Under Guideline H
- Disqualifying Conditions for Personal Conduct Under Guideline E
- Impact of Falsification on Security Clearance Eligibility