Summary
A 53-year-old administrative assistant was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of drug abuse and criminal conduct, specifically prescription fraud and forgery.
The applicant was arrested for Prescription Forgery in May 1998 and for Prescription Fraud, a Class 6 felony, in November 1999. While she disclosed the 1999 Prescription Fraud in August and November 2001, she failed to report the 1998 Prescription Forgery on both occasions.
The judge found that the applicant's explanations for these omissions were not credible. Despite some evidence of past rehabilitation, the applicant did not provide sufficient current evidence of rehabilitation or non-use of pain medication. Consequently, the judge determined there was insufficient evidence to mitigate concerns about the applicant's reliability and trustworthiness, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant had a history of drug abuse and criminal conduct, including prescription fraud.
- The applicant failed to provide current evidence of rehabilitation or non-use of pain medication.
- The applicant's explanations for omissions in her security questionnaire were not credible.
Conditions Referenced
- H.1raisedAny Drug Abuse
- H.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- J.2raisedA Single Serious Crime or Multiple Lesser Offenses
- J.1appliedThe Criminal Behavior Was Not Recent
- J.2rejectedThe Criminal Behavior Was an Isolated IncidentThe applicant had multiple offenses.
- J.6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant did not provide current evidence of rehabilitation.
- H.1rejectedThe Drug Involvement Was Not RecentThe applicant's drug use history raised ongoing concerns.
- H.2rejectedThe Drug Involvement Was Isolated or an Aberrational EventThe applicant had a pattern of drug abuse.
- H.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide evidence of intent to avoid future drug abuse.
Key Rule Quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedOct 9, 2002
- Answer filedNov 11, 2002
- Hearing heldN/ACase decided on written record.
- Decision dateMay 13, 2003
Cite For
- Denial Based on History of Drug Abuse and Criminal Conduct
- Insufficient Evidence of Rehabilitation
- Credibility of Applicant's Explanations for Omissions in Security Questionnaire