Summary
A 55-year-old senior analyst for a Government contractor was denied a security clearance based on Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the applicant's admitted marijuana use in 1979 and 1988, periods during which he held security clearances. Furthermore, he failed to disclose this drug use on a security clearance application filed in 1998.
The Statement of Reasons specifically cited the deliberate omission or falsification of material facts on security forms and the provision of false or misleading information to officials. The applicant's admitted drug use while holding clearances and his subsequent failure to disclose it were central to the allegations.
Despite evidence of the applicant's competence in his job, the judge determined that the breach of trust associated with his drug use and dishonesty outweighed any mitigating factors. The judge concluded that the applicant's actions raised serious questions about his trustworthiness and reliability, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to using marijuana while holding security clearances in 1979 and 1988.
- Applicant failed to disclose his drug use on security clearance applications, demonstrating a lack of candor.
- The judge found that the Applicant's drug use raised serious questions about his trustworthiness and reliability.
Conditions Referenced
- E2.A8.1.1raisedDrug Involvement
- E2.A8.1.1.3raisedIllegal Use of Drugs
- E2.A5.1.1raisedQuestionable Judgment
- E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts
- E2.A5.1.2.3raisedProviding False Information
- E2.A8.1.3.1rejectedNot Recent Drug InvolvementApplicant's drug use was not isolated and spanned many years.
- E2.A8.1.3.2rejectedIsolated IncidentApplicant's drug use was part of an ongoing pattern.
- E2.A8.1.3.3rejectedIntent Not to Abuse Drugs in the FutureApplicant's assertions lacked credibility due to his long history of drug use.
- E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentFalsifications on SF 86 forms were not isolated incidents.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedSep 3, 2002
- Answer filedNov 15, 2002Requested determination on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateApr 22, 2003
Cite For
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Disqualifying Conditions Under Guideline E for Personal Conduct
- Lack of Candor in Security Clearance Applications