Summary
A 24-year-old defense contractor employee was denied a security clearance due to issues under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant intentionally provided false information on a Questionnaire for National Security Positions (QNSP) completed in July 1999 and during a June 2002 interview with a DSS agent. Specifically, he failed to disclose a 1998 arrest and denied marijuana use during the previous seven years, despite a history of regular use from 1994 or 1995 to at least July 2002.
During the DSS interview, the applicant falsely claimed he had not used marijuana since a truck accident and attributed the QNSP's omissions to his girlfriend, when he had, in fact, instructed her not to disclose his drug use to avoid trouble. His criminal history included a 1998 arrest for Resisting Arrest and a 2000 conviction for Possession of Marijuana, for which he was cited/arrested in May 2000. He also received treatment for Cannabis Dependence in September 2000.
The denial was based on the intentional falsification of material facts on the QNSP and during the DSS interview, coupled with his long-term marijuana use and prior criminal conduct, which adversely reflected on his judgment and reliability. No mitigating conditions were found applicable to counter these disqualifying factors.
Why the Applicant Was Denied
- Applicant intentionally falsified material facts on a Questionnaire for National Security Positions (QNSP) and during an interview with the Defense Security Service (DSS).
- Applicant's long-term marijuana use and prior criminal conduct reflect adversely on his judgment and reliability.
- No mitigating conditions were applicable to counter the disqualifying factors.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
Key Rule Quoted
“When such an individual intentionally falsifies material facts on a security clearance application, or during a face-to-face interview with a DSS agent, it is extremely difficult to conclude that he or she nevertheless possesses the good judgment, reliability and trustworthiness required of clearance holders.”
Procedural Posture
- SOR issuedNov 21, 2003
- Answer filedDec 13, 2003Applicant elected to have case determined on a written record.
- Hearing held—No hearing; case determined on written record.
- Decision dateFeb 28, 2005
Cite For
- Intentional Falsifications of Material Facts on Security Clearance Applications Under Guideline E
- Impact of Drug Abuse on Security Clearance Eligibility Under Guideline H
- Criminal Conduct Affecting Judgment and Reliability Under Guideline J