Summary
A 25-year-old employee of a DoD contractor was denied a security clearance under Guideline E (Personal Conduct) due to deliberate omissions on his SF 86. The applicant failed to disclose two past arrests: one for marijuana possession in 1995 and another for disorderly conduct in 1996. He also omitted information regarding his past marijuana use.
The Statement of Reasons cited multiple instances of deliberate omission, concealment, or falsification of relevant and material facts on a personnel security questionnaire. The judge determined that the applicant's explanations for these omissions were not credible, demonstrating a lack of candor and trustworthiness.
The primary motive for the non-disclosure was the applicant's fear of negative employment consequences. Ultimately, the security clearance was denied due to these deliberate misrepresentations.
Why the Applicant Was Denied
- The applicant deliberately omitted relevant and material facts from his SF 86 regarding past arrests and drug use.
- His explanations for the omissions were found to be not credible, indicating a lack of candor and trustworthiness.
- The applicant's motive for not disclosing the information was fear of negative consequences on his employment.
Conditions Referenced
- E2A5.1.2.3raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
Key Rule Quoted
“A person who seeks access to classified information enters a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedApr 2, 2002
- Answer filedApr 29, 2002
- Hearing heldAug 27, 2002
- Decision dateNov 6, 2002
Cite For
- Deliberate Omission of Relevant Facts Under Guideline E
- Credibility of Applicant's Explanations for Omissions
- Impact of Past Conduct on Security Clearance Eligibility