Summary
A 55-year-old male with nearly two decades of federal employment and a prior top-secret security clearance was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant tested positive for cocaine twice in 2000. The first positive test occurred on February 28, 2000, while he held a top-secret clearance, leading to a Last Chance Agreement with his agency. He tested positive again in September 2000, violating the terms of that agreement.
The applicant failed to disclose these drug-related incidents on his SF 86, completed in June 2001. Additionally, he submitted falsified information in the Employment Record Section of this application. The judge found that the applicant demonstrated a pattern of drug abuse and a lack of candor by not disclosing significant employment issues related to his drug use.
The applicant did not provide evidence of completing any drug rehabilitation program or demonstrate a commitment to abstain from drug use. Consequently, the judge determined that the applicant did not mitigate the security concerns related to his drug involvement and personal conduct, resulting in the denial of his security clearance.
Why the Applicant Was Denied
- The applicant tested positive for cocaine twice while holding a security clearance, demonstrating a pattern of drug abuse.
- He failed to disclose significant employment issues related to his drug use on his SF 86, indicating a lack of candor.
- The applicant did not provide evidence of completing any drug rehabilitation program or demonstrate a commitment to abstain from drug use.
Conditions Referenced
- H DC E2.A8.1.2.1raisedAny Drug Abuse
- H DC E2.A8.1.2.2raisedIllegal Drug Possession
- E DC E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts
- E DC E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
- H MC E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- H MC E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational Event
- H MC E2.A8.1.3.3rejectedDemonstrated Intent Not to Abuse Drugs in the Future
- E MC E2.A5.1.3.3rejectedPrompt Efforts to Correct Falsification
- E MC E2.A5.1.3.5rejectedPositive Steps to Reduce Vulnerability to Coercion
Key Rule Quoted
“The decision to deny a security clearance request to an individual is not necessarily a determination of the loyalty of the applicant.”
Procedural Posture
- SOR issuedMar 3, 2004
- Answer filedApr 27, 2004Applicant responded to allegations but did not request a hearing.
- Hearing held—No hearing was held as the applicant did not wish to present his case.
- Decision dateJul 22, 2005
Cite For
- Denial Based on Drug Involvement Under Guideline H
- Denial Based on Personal Conduct Under Guideline E
- Failure to Disclose Relevant Employment History on SF 86