Summary
A 55-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a long history of illegal drug use and deliberate omissions regarding this history in security applications.
Specifically, the applicant illegally used Percocet on multiple occasions between 2006 and 2008, used marijuana with varying frequency from 1975 to 2007, and used cocaine once in 2000. These instances of illegal drug use and misuse of prescription medication occurred while he held Department of Defense security clearances granted in 1979, 1984, 1989, 1992, 1995, and 2003. Furthermore, the applicant deliberately withheld his cocaine use in 2000 during a background investigation and provided a false statement on his eQIP regarding illegal drug use while holding a security clearance.
The judge found that the applicant failed to mitigate the security concerns arising from his extensive drug use and dishonesty in the clearance process. The applicant's admissions and the nature of his drug use raised serious questions about his reliability and trustworthiness, leading to the denial of his security clearance request.
Why the applicant was denied
- Applicant had a long history of illegal drug use, including marijuana and prescription pain medication, while holding security clearances.
- Applicant deliberately omitted significant drug use from his security clearance applications, demonstrating a lack of candor.
- The applicant's admissions and the nature of his drug use raised serious concerns about his reliability and trustworthiness.
Conditions referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 25(a)appliedAny Drug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- AG ¶ 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionApplicant only disclosed his drug use when confronted during a polygraph examination.
- AG ¶ 17(b)rejectedImproper or Inadequate Advice of Authorized PersonnelApplicant did not claim he was improperly advised about what to disclose.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the FutureApplicant's abstinence from drug use over the past four years was insufficient to mitigate concerns.
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 issuedMar 1, 2011
- Answer filedMar 1, 2011Applicant requested a hearing after initially seeking a decision without one.
- Hearing heldSep 20, 2011Hearing conducted with both parties present.
- Decision dateDec 12, 2011
Cite for
- Denial of Security Clearance Due to Extensive Drug Involvement and Dishonesty in Applications
- Lack of Mitigating Factors for Drug Use and Personal Conduct
- Importance of Full Disclosure in Security Clearance Applications