Summary
A 43-year-old painter employed by a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The Statement of Reasons detailed the applicant's past drug use, including marijuana, cocaine, and crystal methamphetamine between the ages of 20 and 23 (1981-1983). Specifically, he used marijuana approximately 10 times, cocaine about 50 times, and crystal methamphetamine between 100 and 200 times during this period.
More recently, on January 2, 2002, the applicant used crystal methamphetamine twice after an argument with his wife, and subsequently failed a workplace drug test on January 7, 2002, testing positive for amphetamines. A significant factor in the denial was the applicant's repeated provision of false information on his security clearance application regarding both his drug use history and the circumstances of his termination from a previous job.
While some mitigating factors were applied, particularly concerning his past drug involvement, the applicant's deliberate falsifications regarding his employment and drug use were not sufficiently mitigated. This pattern of dishonesty demonstrated poor judgment and unreliability, leading to the ultimate denial of his security clearance. The applicant's conduct was also deemed to establish a pattern of felonious criminal conduct, cognizable under Title 18 USC 1001, despite no formal charges being filed.
Why the Applicant Was Denied
- The applicant provided false information on multiple occasions regarding his drug use and employment termination.
- The pattern of deliberate falsifications indicated poor judgment and unreliability.
- The applicant's drug involvement was mitigated, but the personal and criminal conduct issues were not.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Matters
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A8.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.3appliedDemonstrated Intent Not to Abuse or Use Drugs in the Future
- E2.A5.1.3.1rejectedInformation Was Unsubstantiated and Not Pertinent
- E2.A5.1.3.2rejectedFalsification Was an Isolated Incident
- E2.A5.1.3.3rejectedPrompt, Good-faith Efforts to Correct the Falsification
- E2.A10.1.3.1rejectedCriminal Behavior Was Not Recent
- E2.A10.1.3.2rejectedCrime Was an Isolated Incident
- E2.A10.1.3.6rejectedClear Evidence of Successful Rehabilitation
Key Rule Quoted
“Any doubt concerning an applicant's security clearance access should be resolved in favor of national security.”
Procedural Posture
- SOR issuedApr 26, 2004
- Answer filedMay 24, 2004
- Hearing held—Decided on written record.
- Decision dateApr 29, 2005
Cite For
- Pattern of Deliberate Falsifications Under Guideline E
- Mitigation of Drug Involvement Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline J