Summary
A 49-year-old male applicant with prior military service was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a May 2009 arrest for three drug possession offenses, including criminal possession of a controlled substance and unlawful possession of marijuana. Although the applicant was not a drug user and did not intend to use drugs in the future, he demonstrated poor judgment by being in the company of his son who possessed illegal drugs.
The primary reasons for denial centered on the applicant's dishonesty during the clearance process. He deliberately omitted the May 2009 arrest from his Electronic Questionnaire for Investigations Processing (e-QIP), answering "NO" to a question about prior arrests. Furthermore, he provided false information during the subsequent security clearance investigation regarding this arrest.
Despite mitigating factors such as no prior criminal record, the applicant's pattern of dishonesty and failure to provide truthful information during the investigation raised significant concerns about his trustworthiness and judgment, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant deliberately omitted his May 2009 arrest from his e-QIP, undermining his credibility.
- The applicant provided false information during the security clearance investigation regarding his arrest.
- The applicant's pattern of dishonesty raised significant concerns about his trustworthiness and judgment.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 25(a)raisedDrug Involvement
- AG ¶ 25(c)raisedDrug Involvement
- AG ¶ 16(a)raisedPersonal Conduct
- AG ¶ 16(b)raisedPersonal Conduct
- AG ¶ 32(a)appliedCriminal ConductThe criminal conduct occurred more than three years ago and is unlikely to recur.
- AG ¶ 32(c)appliedCriminal ConductThe applicant attempted to take responsibility for his son's drug involvement.
- AG ¶ 32(d)appliedCriminal ConductThe applicant has no other criminal record and has shown remorse.
- AG ¶ 26(a)appliedDrug InvolvementThe drug involvement occurred more than three years ago and is unlikely to recur.
- AG ¶ 26(b)appliedDrug InvolvementThe applicant has demonstrated intent not to abuse drugs in the future.
- AG ¶ 17(c)rejectedPersonal ConductThe applicant's failure to disclose his arrest undermines the applicability of this condition.
- AG ¶ 17(d)rejectedPersonal ConductThe applicant's pattern of dishonesty does not support this mitigating condition.
Key Rule Quoted
“"The ultimate determination of whether to grant eligibility for a security clearance must be a commonsense judgment based on careful consideration of the guidelines and the whole-person concept."”
Procedural Posture
- SOR issuedJun 29, 2012
- Answer filedJul 24, 2012
- Hearing held—Decision made on the record without a hearing.
- Decision dateApr 10, 2013
Cite For
- Deliberate Omission of Arrest on Security Clearance Application Under Guideline E
- Impact of Dishonesty on Security Clearance Eligibility
- Mitigating Factors Related to Past Criminal Conduct and Drug Involvement