Summary
A 28-year-old U.S. citizen and defense contractor was denied a security clearance under Guideline E (Personal Conduct). The denial stemmed from several allegations, including a 2005 conviction for filing a false police report and the deliberate omission of his illegal drug use history on his security clearance application. Further concerns included his use of marijuana prior to August 2011, a 2004 conviction for possession of a forged license plate, and a 2011 citation for driving on a suspended license.
The judge found that the applicant's submission of a false police report in 2005 demonstrated a pattern of deceitful conduct. His deliberate omission of illegal drug use on the application raised questions about his reliability and trustworthiness. Additionally, the applicant attempted to minimize his intentional falsification of the security clearance application during the hearing.
While the applicant claimed personal growth and had honorable service, the judge determined he failed to take full responsibility for his actions. Disqualifying conditions under AG ¶ 16(a) and AG ¶ 16(c) were raised, and mitigating conditions under AG ¶ 17(a), AG ¶ 17(b), AG ¶ 17(c), and AG ¶ 17(d) were applied, but ultimately, the security clearance was denied.
Why the Applicant Was Denied
- The applicant submitted a false police report in 2005, demonstrating a pattern of deceitful conduct.
- He deliberately omitted his history of illegal drug use on his security clearance application, raising questions about his reliability and trustworthiness.
- The applicant attempted to minimize his intentional falsification of the security clearance application during the hearing.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not demonstrate credible evidence of good faith efforts to correct the omission before being confronted.
- AG ¶ 17(b)rejectedFailure to Cooperate Caused by Improper AdviceThe applicant's testimony regarding improper advice was found not credible.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's conduct was not deemed minor and raised serious security concerns.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not sufficiently acknowledge his behavior or demonstrate rehabilitation.
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedOct 10, 2012
- Answer filedNov 23, 2012
- Hearing heldJul 29, 2013Scheduled after delays due to applicant's overseas work.
- Decision dateAug 15, 2013
Cite For
- Pattern of Deceitful Conduct Under Guideline E
- Failure to Take Responsibility for Past Misconduct
- Impact of Deliberate Omissions on Security Clearance Eligibility