Summary
A 56-year-old truck driver was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of marijuana use and falsification of his security clearance application. The applicant tested positive for THC in March 2005, again in 2007 or 2008, and a third time in May 2010. He admitted to being fired in June 2010 for a positive THC test, despite initially claiming he was laid off due to a work slowdown.
The applicant falsified his May 2011 security clearance application by denying that two job terminations were due to positive marijuana tests. He also falsely answered "no" to a question about receiving drug counseling within the last seven years. These actions raised disqualifying conditions under both personal conduct and drug involvement guidelines.
The judge found that the applicant's repeated drug use and dishonesty presented significant security concerns. His claims of future abstinence and lack of intent to use drugs were not deemed credible, given his established pattern of drug involvement and misrepresentations. Consequently, the security clearance was DENIED.
Why the applicant was denied
- The applicant tested positive for marijuana multiple times between 2005 and 2010, demonstrating a pattern of drug involvement.
- The applicant falsified his security clearance application by denying the reasons for his job terminations related to drug use.
- The applicant's claims of abstinence and lack of intent to use drugs were not credible, given his history of drug use and dishonesty.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Use
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)notedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- AG ¶ 16(a)raisedDeliberate Omission, Concealment or Falsification of Relevant Facts
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's recent drug use and dishonesty about it raise ongoing concerns.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant failed to provide credible evidence of intent to abstain from drug use.
- AG ¶ 17(a)rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment or Falsification, Before Being Confronted with the FactsThe applicant did not correct his false statements prior to being confronted.
- AG ¶ 17(c)rejectedThe Offense Was 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 conduct was frequent and serious.
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable or Other Inappropriate Behavior, and Such Behavior Is Unlikely to RecurThe applicant did not acknowledge his drug use truthfully or take sufficient steps to mitigate the 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 13, 2013
- Answer filedApr 1, 2013Applicant requested a decision based on a written record.
- Hearing held—Decision based on written record.
- Decision dateJul 18, 2013
Cite for
- Denial of Security Clearance Due to Repeated Drug Use and Dishonesty in Application Process
- Impact of Drug Involvement on Security Clearance Eligibility Under Guideline H
- Significance of Personal Conduct and Truthfulness in Security Clearance Evaluations Under Guideline E