Summary
A 26-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant knowingly omitted adverse information from his security form and misrepresented his drug use during interviews with investigators. Specifically, he answered "No" to Question 27 on his security clearance form and in his first DSS interview, despite using marijuana five times after applying for the clearance.
His illegal drug use, which involved marijuana, continued until December 2000. This occurred even though he understood that such use violated his company's and the government's security policies. The applicant also failed to disclose this ongoing drug use.
Despite a strong employment record, the judge determined that the applicant's repeated material false statements and continued drug use until December 2000 raised significant security concerns. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant knowingly omitted adverse information from his security clearance application.
- He misrepresented his drug use during interviews with investigators.
- His drug use continued until December 2000, despite understanding the policies against it.
Conditions Referenced
- J1.araisedAllegations or Admissions of Criminal Conduct
- H2.araisedAny Drug Abuse
- E3.braisedDeliberately Providing False or Misleading Information
- J1.aappliedThe Criminal Behavior Was Not Recent
- H2.aappliedThe Drug Involvement Was Not Recent
- E3.arejectedThe Individual Made Prompt, Good-faith Efforts to Correct the FalsificationThe applicant did not correct his omissions before being confronted.
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedMar 28, 2002
- Answer filedApr 22, 2002Notarized response admitting all allegations.
- Hearing heldAug 13, 2002Applicant represented himself.
- Decision dateDec 6, 2002
Cite For
- Security Concerns Related to Drug Use Under Guideline H
- Impact of Falsifying Information on Security Clearance Eligibility Under Guideline E
- Consideration of Past Criminal Conduct Under Guideline J