Summary
A 39-year-old federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed a history of drug use, including positive cocaine tests in 1996 and January 2005, arrests for drug possession with intent to distribute in March 1991 and March 1993, and selling illegal drugs in 1995 and 1996.
Crucially, the applicant was also alleged to have falsified his security clearance application by failing to disclose these drug-related arrests from 1991 and 1993. While the judge found that the applicant's drug involvement was mitigated by the passage of time and lack of recent drug use, the falsification of his application was not mitigated.
The denial was based on the applicant's falsification of his security clearance application by omitting drug-related arrests and charges. His explanations for these omissions were deemed not credible, and he did not demonstrate good faith efforts to correct the falsification before being confronted with the facts. This history of drug involvement and falsification ultimately raised significant concerns about his reliability and trustworthiness, leading to the denial.
Why the Applicant Was Denied
- The applicant falsified his security clearance application by omitting drug-related arrests and charges.
- The applicant's explanations for the omissions were not credible and did not demonstrate good faith efforts to correct the falsification before being confronted with the facts.
- The applicant's history of drug involvement and falsification raised significant concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 16(g)appliedAssociation with Persons Involved in Criminal Activity
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedApr 24, 2009
- Answer filedMay 26, 2009
- Hearing heldSep 3, 2009
- Decision dateDec 11, 2009
Cite For
- Falsification of Security Clearance Application Under Guideline E
- Mitigation of Drug Involvement Under Guideline H
- Whole-person Assessment in Security Clearance Determinations