Summary
A 24-year-old network administrator was granted a Secret security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant had falsified a security clearance questionnaire by omitting past marijuana use, which constituted a deliberate omission of material facts and criminal conduct under 18 U.S.C. §1001.
However, the Administrative Judge found that the applicant's actions were mitigated. The applicant made a prompt, good-faith effort to correct the falsification before being confronted with the discrepancy. This act was considered an isolated incident, rather than part of a pattern of behavior.
Based on these mitigating factors, the Administrative Judge determined that the applicant's conduct did not warrant denial of the clearance. The Secret security clearance was therefore granted.
Why the Applicant Prevailed
- The applicant made a prompt, good-faith effort to correct the falsification before being confronted with the facts.
- The falsification was considered an isolated incident and not indicative of a pattern of behavior.
Conditions Referenced
- E2.A2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J1raisedCriminal Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- E3.A3appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts
- J2appliedThe Crime Was an Isolated Incident
Key Rule Quoted
“"It is difficult to see how the Board would be able to review security-clearance determinations under a preponderance of the evidence standard without departing from the 'clearly consistent with the interests of the national security' test."”
Procedural Posture
- SOR issuedJan 24, 2001
- Answer filedMar 12, 2001
- Hearing heldJul 10, 2001
- Decision dateAug 8, 2001
Cite For
- Mitigation of Falsification Under Guideline E
- Isolated Incidents of Criminal Conduct Under Guideline J
- Prompt Correction of False Statements in Security Clearance Applications