Summary
A 38-year-old carpenter, employed by a defense contractor since 1981, was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the deliberate falsification of his security clearance application, specifically regarding his history of marijuana use.
The applicant deliberately omitted and falsified information about his marijuana use on the application. This was compounded by a history of criminal conduct, including arrests for disorderly conduct and illegal possession of marijuana, which raised doubts about his judgment and reliability.
Ultimately, the judge found that the applicant failed to demonstrate rehabilitation or an understanding of the obligation to be candid with the government, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant deliberately omitted and falsified information regarding his marijuana use on his security clearance application.
- The applicant's history of criminal conduct, including arrests for marijuana possession, contributed to doubts about his judgment and reliability.
- The applicant failed to demonstrate rehabilitation or understanding of the obligation to be candid with the government.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.2.1appliedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedOct 12, 2001
- Answer filedOct 27, 2001
- Hearing held—Applicant requested decision on the written record.
- Decision dateMar 20, 2002
Cite For
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Criminal Conduct Considerations Under Guideline J
- The Importance of Candor in Security Clearance Applications