Summary
A 47-year-old engineer with a prior security clearance was denied a new clearance under Guideline E (Personal Conduct). The denial stemmed from a pattern of false statements and drug use while holding a clearance. Specifically, the applicant made false statements on security clearance applications in 1997 and 2004 regarding past drug use.
Further concerns arose from false statements made to a defense investigator on June 9, 2009, also concerning past drug use. Additionally, the applicant used cocaine and marijuana at various times after being granted a security clearance. His security clearance access was revoked by another government agency in 2008 due to drug involvement and personal conduct.
The judge found that the applicant's repeated deceit and failure to adequately mitigate these issues raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant made false statements regarding past drug use on multiple security clearance applications.
- The applicant misled a defense investigator about his drug use during an interview.
- The applicant's pattern of deceit raised significant doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Employer, Investigator, Security Official, Competent Medical Authority, or Other Official Government Representative
- AG ¶ 16(e)raisedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use and false statements were not considered minor offenses, and the pattern of deceit raised doubts about his reliability.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 17, 2010
- Answer filedDec 10, 2010
- Hearing heldMay 9, 2011Postponed due to government-wide shutdown threat.
- Decision dateJun 20, 2011
Cite For
- False Statements in Security Clearance Applications Under Guideline E
- Pattern of Deceit Affecting Reliability and Trustworthiness
- Impact of Drug Use on Security Clearance Eligibility