Summary
The applicant, a 58-year-old systems support engineer, faced security clearance denial under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of illegal marijuana use and falsification of his security clearance application. The judge found that the applicant's long-term drug use and dishonesty undermined his reliability and trustworthiness, leading to the denial of his clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant willfully falsified his November 2008 SCA when he failed to disclose his illegal marijuana use during the seven years preceding his SCA and his marijuana use after being granted a security clearance (2.a). Moreover, he compounded his falsification by making a false statement to a government background investigator (2.b). Applicant's falsifications are material and trigger the applicability of disqualifying conditions AG ¶ 16(a): 'deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits of status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.' (2.c). His behavior shows questionable judgment, untrustworthiness, unreliability, and lack of candor (2.d). Applicant illegally used marijuana intermittently from the 1980s until November 2008 (1.a). He used marijuana after he was granted access to classified information at the secret level around 1992, and access to sensitive compartmented information (SCI) around 2004 (1.b). He falsified his 2008 security clearance application (SCA) and made a false statement to a government background investigator to cover his past use of marijuana (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g), AG ¶ 16(a), AG ¶ 16(b), AG ¶ 16(e). The decision turned on the following: The applicant illegally used marijuana intermittently from the 1980s until November 2008, including after being granted access to classified information; The applicant falsified his 2008 security clearance application by denying any illegal drug use; The applicant made false statements to government investigators regarding his marijuana use.
Why the Applicant Was Denied
- The applicant illegally used marijuana intermittently from the 1980s until November 2008, including after being granted access to classified information.
- The applicant falsified his 2008 security clearance application by denying any illegal drug use.
- The applicant made false statements to government investigators regarding his marijuana use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Purchase, Sale, or Distribution
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedSep 27, 2010
- Answer filedNov 9, 2010Applicant elected to proceed without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateApr 29, 2011
Cite For
- Denial Based on Long-term Illegal Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Impact of Dishonesty on Security Clearance Eligibility