Summary
A 47-year-old technical director for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from extensive illicit drug use over twenty years, including marijuana and cocaine, and a pattern of unreliable statements regarding his drug history.
Specifically, the applicant used marijuana between 1973-1979, 1985-1987, and 1997-1998, and cocaine in May 1998. He also received non-judicial punishment in February 1979 for possessing and using marijuana while in the Navy. The applicant falsified his security clearance applications (SF-86s) from 1987 and 1999 by omitting marijuana use, including while holding a secret clearance and aboard Navy ships. He further falsified a sworn statement in February 2000 by understating his marijuana use, denying regular purchases, and omitting periods of use.
The judge found that the applicant's long history of illicit substance use, coupled with his failure to provide credible explanations for his drug involvement and his history of falsifying information, undermined his trustworthiness and reliability. These factors led to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant used illicit substances over recurrent periods spanning over twenty years.
- Applicant provided unreliable and untrustworthy corrections about the extent of his drug use and purchases.
- Applicant failed to provide good, reliable, and verifiable explanations of his historical involvement in illicit drugs.
Conditions Referenced
- DC 1raisedAny Drug Use.
- DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
- DC 2raisedThe Deliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts From Any Personnel Security Questionnaire, Personal History Statement or Similar Form Used to Conduct Investigations, Determine Employment Qualifications, Award Benefits or Status, Determine Security Clearance Eligibility or Trustworthiness, or Award Fiduciary Responsibilities.
- DC 3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator, Security Official, Competent Medical Authority, or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.
- DC 1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
Procedural Posture
- SOR issuedApr 12, 2001
- Answer filedJul 2, 2001
- Hearing heldAug 21, 2001
- Decision dateSep 28, 2001
Cite For
- Denial of Security Clearance Due to Extensive Drug Use and Falsification of Information
- Unreliable Statements Regarding Drug History Impact on Trustworthiness
- Failure to Mitigate Concerns Under Personal Conduct Guidelines