Summary
A 40-year-old test driver for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant had a history of drug use, including marijuana, hashish, and cocaine, spanning from 1981 to 1995, with marijuana use continuing even after submitting his security clearance application. He also faced allegations of deliberately falsifying his security clearance application and a sworn statement by denying illegal drug use within the past seven years.
Additional concerns included a conviction for Negligent Driving, which resulted in a fine and two years of probation. The applicant also had a history of daily alcohol consumption from 1982 to 1990, sometimes to the point of passing out, and was once caught with alcohol in his barracks. While he significantly reduced his alcohol consumption after his driving conviction, drinking to intoxication only about once per year between 1990 and 2002, this mitigation was not sufficient to overcome other issues.
The denial was primarily based on the applicant's failure to mitigate his 22 years of marijuana use, including use after submitting his SF 86. His deliberate falsifications regarding drug use on the SF 86 and to investigators were deemed significant security risks, indicating a lack of trustworthiness.
Why the applicant was denied
- Applicant failed to mitigate his 22 years of marijuana use, including use after submitting his SF 86.
- Applicant's deliberate falsifications regarding his drug use on the SF 86 and to DSS investigators were significant security concerns.
- The applicant's recent admissions of drug use and dishonesty indicated a lack of trustworthiness.
Conditions referenced
- E2.A8.1.2.1raisedDrug Abuse
- E2.A5.1.2.2appliedDeliberate Omission of Drug Use
- E2.A5.1.2.3appliedProviding False Information to Investigators
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A7.1.3.2appliedAlcohol Problem Occurred Years Ago
- E2.A8.1.3.1rejectedDrug Involvement Not RecentApplicant's marijuana use was recent and ongoing.
- E2.A10.1.3.1rejectedCriminal Behavior Not RecentRecent falsifications and drug use were not isolated incidents.
Key rule quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.”
Procedural posture
- SOR issuedOct 15, 2003
- Answer filedOct 31, 2003Requested decision on the record.
- Hearing heldFeb 11, 2004
- Decision dateAug 30, 2004
Cite for
- Failure to Mitigate Long-term Drug Use Under Guideline H
- Significance of Falsifications on Security Clearance Applications Under Guideline E
- Consideration of Past Alcohol Abuse in the Context of Current Drug Use Under Guideline G.