Summary
The applicant, a 44-year-old defense contractor employee, faced security concerns under Guideline E due to falsifications regarding his drug use on multiple security clearance applications. Despite his claims of being a Born-Again Christian and having good work performance, the judge found that the applicant's inconsistent statements and admissions about his marijuana use demonstrated a lack of judgment and trustworthiness, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct), the Statement of Reasons alleged the following: On his March 9, 2004, security clearance application, he intentionally falsified question 27, which asked "Since the age of 16 or in the last 7 years, whichever is shorter, have you illegally used any controlled substances, for example, marijuana, cocaine, crack cocaine, hashish, narcotics (opium, morphine, codeine, heroin, etc.), amphetamines, depressants (barbiturates, methaqualone, tranquilizers, etc.) hallucinogenics (LSD, PCP, etc), or prescription drugs?" Applicant answered this question, "No," because he thought it would interfere with his employment. In truth, Applicant admits he used marijuana in the seven years prior to the application and should have answered this question, "Yes." In his own words he "lied on Form 86." (1.a). He admitted he used marijuana in August 2004, after the grant of his clearance in July 2004, in his answer (1.b). In 2005, his access to Sensitive Compartmentalized Information (SCI) was revoked by another government agency due to his use of illegal drugs and related personal conduct (1.c). Applicant also admitted that he falsified his May 30, 2007, security clearance application (1.d). He failed to disclose that he had used marijuana in 2004, after his security clearance was granted by another government agency (1.e). He did not disclose to the investigator that he used marijuana between 1986 and 2004 or that he used cocaine in approximately 1989 (1.f). Applicant was not fully forthcoming with the information regarding his marijuana use in his answers to the interrogatories (1.g).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 16(a), AG ¶ 16(b), AG ¶ 16(e). The decision turned on the following: The applicant admitted to falsifying his security clearance applications regarding drug use; Inconsistent statements about the timeline and frequency of marijuana use raised doubts about the applicant's reliability; The applicant's choice to use marijuana while possessing a security clearance indicated poor judgment.
Why the Applicant Was Denied
- The applicant admitted to falsifying his security clearance applications regarding drug use.
- Inconsistent statements about the timeline and frequency of marijuana use raised doubts about the applicant's reliability.
- The applicant's choice to use marijuana while possessing a security clearance indicated poor judgment.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedJul 27, 2010
- Answer filedAug 19, 2010
- Hearing heldDec 15, 2010
- Decision dateMar 28, 2011
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Impact of Inconsistent Statements on Security Clearance Eligibility
- Judgment and Trustworthiness Concerns Related to Drug Use While Holding a Security Clearance