Summary
A 41-year-old painter/sandblaster employed by a defense contractor was denied a secret security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of using marijuana from the early 1980s to September 2000, and cocaine from 1990 to November 1999.
Further issues arose from the applicant's deliberate falsification of his July 1999 security clearance application, where he denied any drug involvement and misrepresented facts concerning a July 1993 arrest. During that incident, he was charged with multiple offenses, including felony possession of cocaine with intent to sell. He was convicted of possession of narcotics and placed on accelerated rehabilitation with two years of supervised probation. Additionally, he falsely claimed complete abstention from illegal drugs throughout his employment with the defense contractor.
The denial was based on the applicant's long history of illegal drug use, his deliberate falsification of the security clearance application, and his misrepresentation of facts surrounding his drug-related arrest. The judge also noted that the applicant's continued association with friends who use illegal drugs posed a risk of relapse, ultimately concluding that these security concerns outweighed any mitigating factors.
Why the Applicant Was Denied
- The applicant had a long history of illegal drug use, including marijuana and cocaine, which raised security concerns.
- The applicant deliberately falsified his security clearance application by denying any drug involvement and misrepresenting facts surrounding his drug-related arrest.
- The applicant's continued association with friends who use illegal drugs posed a risk of relapse.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Purchase
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
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 issuedJan 13, 2002
- Answer filedJan 29, 2002
- Hearing heldApr 23, 2002
- Decision dateMay 14, 2002
Cite For
- Denial Based on History of Illegal Drug Use Under Guideline H
- Denial Due to Deliberate Falsification of Security Clearance Application Under Guideline E
- Consideration of Ongoing Associations with Drug Users as a Risk Factor for Relapse