Summary
A 41-year-old climate data specialist was denied a security clearance due to intentional falsifications regarding his drug history. The denial was based on concerns under Guidelines A (Allegiance), C (Foreign Preference), D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct).
The applicant repeatedly understated his crack cocaine use in October 1998, January 1999, and April 1999. He also denied using marijuana while in military service between 1979 and 1990, and specifically between 1981 and 1989 in the United States Air Force. Further falsifications included a sworn statement to the Defense Security Service (DSS) and during the pre-test phase of a polygraph examination, where he stated his last crack cocaine use was in November 1997. He also minimized the full scope of his drug history during the hearing and continued to deny information he had previously admitted.
Despite positive character evidence, the judge found that the applicant's repeated dishonesty, particularly the recency of the falsifications, raised significant doubts about his judgment and trustworthiness, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant intentionally falsified his drug history on multiple occasions.
- The applicant's positive character evidence was insufficient to overcome the doubts raised by his dishonesty.
- The recency of the applicant's falsifications indicated ongoing issues with judgment and reliability.
Conditions Referenced
- E2.A2.2.raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire to Determine Security Eligibility.
- E2.A2.3.raisedDeliberately 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.
- H1.raisedAny Drug Use.
- H2.notedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, and Distribution.
- J1.raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- E2.A2.1.rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or Reliability.
- E2.A2.2.rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.
- E2.A2.3.notedA Demonstrated Intent Not to Abuse Any Drugs in the Future.
- H1.appliedThe Drug Involvement Was Not Recent.
- H3.notedA Demonstrated Intent Not to Abuse Any Drugs in the Future.
- J1.rejectedThe Behavior Was Not Recent.
- J2.rejectedThe Crime Was an Isolated Event.
- J6.rejectedThere Is Clear Evidence of Successful Rehabilitation.
Key Rule Quoted
“The intentional falsification of a security form falls within disqualifying condition (DC) 2 of the personal conduct guideline.”
Procedural Posture
- SOR issuedJul 5, 2001
- Answer filedSep 14, 2001
- Hearing heldNov 27, 2001
- Decision dateFeb 22, 2002
Cite For
- Intentional Falsification of Drug History Under Guideline E
- Impact of Recency of Falsifications on Security Clearance Decisions
- Consideration of Positive Character Evidence in the Context of Dishonesty