Summary
A 40-year-old defense contractor employee was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from multiple instances of falsifying her drug use history and a lack of credible evidence indicating an intent to abstain from future drug use.
Specifically, the applicant falsified her Security Clearance Application (SF-86) by denying illegal drug use within the last seven years. She then repeated this falsification in a sworn statement to a Defense Security Service (DSS) agent and provided inconsistent statements about her drug use during a subsequent interview with another DSS agent. Additionally, she minimized her drug abuse history in her formal response to the allegations.
The judge determined that the applicant's dishonesty undermined her reliability and trustworthiness, particularly as her drug use occurred while she already held a security clearance. Consequently, granting her clearance was deemed inconsistent with national security interests.
Why the Applicant Was Denied
- Applicant falsified her Security Clearance Application by denying any illegal drug use within the last seven years.
- Applicant provided false statements during interviews regarding her drug use history, undermining her credibility.
- The applicant's drug use occurred while she held a security clearance, raising significant concerns about her reliability.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A5.1.3rejectedConditions That Could Mitigate Security ConcernsNo mitigating conditions were applicable due to the severity of the falsifications.
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's drug use occurred while she held a security clearance.
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not RecentThe judge found the drug incident mitigated but not the falsifications.
Key Rule Quoted
“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJan 25, 2002
- Answer filedApr 4, 2002Applicant requested an administrative decision on the record.
- Hearing held—No hearing was held; decision made on the record.
- Decision dateDec 27, 2002
Cite For
- Falsification of Security Clearance Applications Under Guideline E
- Drug Involvement While Holding a Security Clearance Under Guideline H
- Credibility Issues Impacting Security Clearance Determinations Under Guideline J