Summary
A 55-year-old vice-president and finance manager 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 intermittent marijuana use and the falsification of his security clearance application.
Specifically, the applicant used marijuana with varying frequency from 1970 to at least 1972, from 1996 to at least 1999, and from 2005 until October 2006. He tested positive for marijuana in 2006 and received treatment as a first-time offender from December 2006 to about February 2007. The applicant also deliberately omitted or concealed his drug use on his security clearance application and provided false or misleading information concerning relevant facts.
Despite demonstrating good judgment and responsible behavior since quitting marijuana in October 2006, and signing a statement of intent not to use drugs again, the judge found these mitigating factors insufficient. The denial was based on the applicant's admitted long history of drug use, which continued after being granted a clearance, the falsification of his application, and his lack of candor, as his drug use was disclosed only after extensive questioning.
Why the Applicant Was Denied
- The applicant admitted to a long history of drug use, including marijuana, which continued after being granted a security clearance.
- The applicant falsified his security clearance application by denying drug use, which was a deliberate omission of relevant facts.
- The applicant's disclosure of drug use occurred only after extensive questioning, indicating a lack of candor.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedPositive Drug Test
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted
- AG ¶ 16(a)raisedDeliberate Omission or Falsification
- AG ¶ 16(b)raisedProviding False Information
- AG ¶ 31(a)raisedSerious Crime or Multiple Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 26(a)rejectedInfrequent or Long-ago BehaviorThe applicant's drug use was not infrequent and occurred over many years.
- AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
- AG ¶ 26(b)(2)appliedAvoiding Drug-using Environments
- AG ¶ 26(d)appliedCompletion of Drug Treatment Program
- AG ¶ 17(a)rejectedPrompt Correction of OmissionThe applicant did not correct his omissions until confronted.
- AG ¶ 17(c)rejectedMinor Offense or Time PassedThe applicant's conduct was not minor and occurred over a significant period.
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 27, 2009
- Answer filedAug 10, 2009Applicant admitted all allegations.
- Hearing heldFeb 9, 2010Hearing rescheduled due to applicant's medical reasons.
- Decision dateMar 25, 2010
Cite For
- Denial Based on Falsification of Security Clearance Application Under Guideline E
- Long History of Drug Use Impacting Security Clearance Under Guideline H
- Criminal Conduct Concerns Arising From Admissions of Drug Use and Falsification Under Guideline J