Summary
A 32-year-old assembler for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant had a 1989 felony drug trafficking conviction, resulting in a 3-to-15-year sentence, which, under the Smith Amendment, barred him from holding a clearance.
Further issues included the applicant's alleged marijuana use from November 1999 to at least June 2000, and a June 2000 arrest for simple marijuana possession, for which he was found not guilty. Financially, the applicant initiated Chapter 13 bankruptcy in April 1998 for approximately $32,000 in debts, but it was dismissed in May 1999 due to missed payments. His debts included an $8,352 vehicle repossession deficiency from 1992 and a landlord's judgment from a March 2000 eviction. The applicant stated he intended to wait seven years for debts to be removed from his credit report rather than commit to repayment.
Crucially, the applicant falsified his security clearance application (SF-86) by omitting his felony conviction, drug-related arrest, prior illegal drug use, and delinquent debts. The judge found that the applicant's criminal conduct, unresolved financial issues, and multiple falsifications on his application raised significant trust concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant was convicted of a felony drug trafficking charge, which is covered by the Smith Amendment, barring him from holding a security clearance due to a sentence exceeding one year.
- The applicant failed to mitigate trust concerns related to his admitted criminal conduct and unresolved delinquent debts.
- The applicant falsified his security clearance application by omitting significant criminal and financial information.
Conditions Referenced
- DC araisedAllegations or Admission of Criminal Conduct.
- DC braisedA Single Serious Crime or Multiple Lesser Offenses.
- DC craisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year.
- DC 1raisedAny Drug Use.
- DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
- DC 1raisedA History of Not Meeting Financial Obligations.
- DC 3raisedInability or Unwillingness to Satisfy Debts.
- DC 2raisedThe Deliberate Omission, Concealment, Falsification or Misrepresentation of Relevant and Material Facts.
- MC arejectedThe Criminal Behavior Was Not Recent.The applicant's criminal conduct was significant and not sufficiently remote in time.
- MC brejectedThe Crime Was an Isolated Incident.The applicant's history of drug use and financial issues indicate a pattern of behavior.
- MC frejectedThere Is Clear Evidence of Successful Rehabilitation.While the applicant completed probation, the judge found insufficient evidence of overall rehabilitation.
- MC gappliedPotentially Disqualifying Conditions May Not Be Mitigated Unless a Waiver Is Granted.The applicant's case fell under the Smith Amendment, requiring a waiver for mitigation.
Key Rule Quoted
“"The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence."”
Procedural Posture
- SOR issuedOct 8, 2002
- Answer filedOct 31, 2002
- Hearing heldMar 17, 2003
- Decision dateMay 21, 2003
Cite For
- Smith Amendment Applicability in Security Clearance Cases.
- Impact of Criminal Conduct on Security Clearance Eligibility.
- Credibility Assessments Related to Omissions on Security Clearance Applications.