Summary
The applicant, a male with a history of drug involvement, personal conduct issues, and criminal conduct, was denied a security clearance due to illegal drug use and falsification of information on security clearance applications. Despite demonstrating progress in recovery and pledging future compliance, the judge found insufficient mitigation of security concerns.
Under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Applicant executed an SCA in September of 2006. The Applicant answered “NO” to Sections 27 and 28. Section 27 asks if the Applicant has “illegally used any controlled substance . . . or prescribed drugs” in the last seven years. The Applicant’s answer was a wilful falsification, as he illegally used Vicodin and other prescribed pain killers, as noted above under Drug Involvement. This wilful falsification is a violation of 18 U.S.C. Section 1001 (2.a). Section 28 asks if the Applicant has “EVER illegally used a controlled substance . . . while possessing a security clearance . . . .” The Applicant’s answer was again a wilful falsification, as he illegally used Vicodin and other prescribed pain killers after having been granted a security clearance in October of 2005, as noted above under Drug Involvement. This wilful falsification is a violation of 18 U.S.C. Section 1001 (2.b). The Applicant executed an e-QIP in March of 2008. The Applicant answered “NO” to Sections 24a and 24b. Section 24a asks if the Applicant has “illegally used any controlled substance . . . or prescribed drugs” in the last seven years. The Applicant’s answer was a wilful falsification, as he illegally used Vicodin and other prescribed pain killers, as noted above under Drug Involvement. This wilful falsification is a violation of 18 U.S.C. Section 1001 (2.c). Section 24b asks if the Applicant has “EVER illegally used a controlled substance . . . while possessing a security clearance . . . .” The Applicant’s answer was a wilful falsification, as he illegally used Vicodin and other prescribed pain killers after having been granted a security clearance in October of 2005, as noted above under Drug Involvement. This wilful falsification is a violation of 18 U.S.C. Section 1001 (2.d). From about 1992 until about 1996, the Applicant’s drug of choice was marijuana. He used the drug on an occasional basis at social settings in high school and in college (1.a). He also purchased marijuana 'a couple of times at a party or something like that.' (1.b). In addition to marijuana, the Applicant experimented with psychedelic mushrooms in about 1995 (1.c). In about May of 2003, the Applicant suffered 'a back injury;' and as a result, 'was prescribed Vicodin.' (1.d). However, after 'about six months,' the Applicant started to illegally use more pills than he was prescribed (1.e). He eventually went online, submitted his medical records; and as a result, 'a doctor in Florida' started prescribing Vicodin to the Applicant (1.f). Since October of 2001, the Applicant has been working for his current employer, and was granted a security clearance in October of 2005. As such, the Applicant had illegally used pain killers while holding a security clearance, until October of 2006, when he went into inpatient treatment (1.g). The Applicant executed an SCA in September of 2006. (GX 1.) The Applicant answered “NO” to Sections 27 and 28. (GX 1 at page 7.) Section 27 asks if the Applicant has “illegally used any controlled substance . . . or prescribed drugs” in the last seven years. (Id.) The Applicant’s answer was a wilful falsification, as he illegally used Vicodin and other prescribed pain killers, as noted above under Drug Involvement. (TR at page 136 line 1 to page 138 line 2.) This wilful falsification is a violation of 18 U.S.C. Section 1001 (3.a).
The judge denied the clearance. The government raised disqualifying conditions H.25.a, H.25.d, H.25.g, E.16.a, J.31.c. The judge applied mitigating conditions H.26.b.3, H.26.b.4. The decision turned on the following: The applicant illegally used prescription painkillers while holding a security clearance; The applicant falsified answers on his security clearance applications regarding drug use; The applicant's past drug abuse raised significant questions about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant illegally used prescription painkillers while holding a security clearance.
- The applicant falsified answers on his security clearance applications regarding drug use.
- The applicant's past drug abuse raised significant questions about his reliability and trustworthiness.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.draisedDiagnosis of Drug Dependence
- H.25.graisedIllegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission or Falsification of Relevant Facts
- J.31.craisedAllegation or Admission of Criminal Conduct
- H.26.b.3appliedDemonstrated Intent Not to Abuse Drugs in the Future
- H.26.b.4appliedSigned Statement of Intent with Automatic Revocation of Clearance for Any Violation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 6, 2010
- Answer filedMay 25, 2010
- Hearing heldAug 19, 2010rescheduled from August 9, 2010
- Decision dateOct 7, 2010
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Drug Involvement and Its Impact on Security Clearance Under Guideline H
- Criminal Conduct Implications for Security Clearance Under Guideline J