Summary
A 35-year-old simulator technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of drug abuse from 1993 to 2008, including marijuana and cocaine use, a positive cocaine test, and participation in drug programs. He also faced multiple criminal charges, including DUIs in 2000 and 2009, and an arrest in 2004 for unlawful delivery of a controlled substance, which was reduced to unlawful possession after he cooperated with police.
Despite mitigating factors related to his drug use and criminal history, the primary reason for denial was the applicant's deliberate falsification of information on his security clearance applications in June 2004 and January 2010. He admitted to providing false answers and also gave inaccurate information to an OPM investigator regarding his drug use cessation dates. Furthermore, he did not fully disclose his cocaine use history until his hearing.
The decision emphasized that no mitigating conditions applied to the personal conduct concerns because the applicant's drug abuse history was not completely revealed until the hearing. The deliberate and recent nature of the false information, compounded by additional inaccuracies during the OPM interview, was deemed significant enough to warrant the denial of his security clearance.
Why the applicant was denied
- The applicant provided false answers in security clearance applications, which he admitted were deliberate.
- The false information provided was recent and compounded by additional inaccuracies during an OPM interview.
- No mitigating condition applied to the personal conduct concerns, as the applicant's history of drug abuse was not fully disclosed until the hearing.
Conditions referenced
- DC 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- MC 32(a)appliedTime Elapsed Since Criminal Behavior
- MC 32(d)appliedEvidence of Successful Rehabilitation
- MC 26(a)appliedBehavior Unlikely to Recur
- MC 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- MC 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment Program
Key rule quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural posture
- SOR issuedApr 4, 2012
- Answer filedUndated
- Hearing heldAug 21, 2012
- Decision dateSep 17, 2012
Cite for
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Mitigating Factors Related to Drug Involvement and Criminal Conduct Under Guidelines H and J
- The Importance of Full Disclosure in Security Clearance Applications.