Summary
A 40-year-old U.S. citizen applying for a security clearance as a computer operator was denied due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use, including regular marijuana use from 1979 until February 2004, with the last reported use on February 22, 2004. He also used cocaine approximately ten times between 1988 and 1991, and again until February 2004.
Further concerns arose from a 1997 arrest for marijuana possession, which was later nolle prossed. The applicant failed to disclose this arrest and his history of illegal drug use on his security clearance application, specifically in response to Questions 24 and 27. He also provided false information during his background investigation interviews.
The judge found that the applicant failed to mitigate the security concerns related to his drug involvement and personal conduct, which included deliberately omitting or concealing past illegal drug use and the drug-related arrest. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a history of illegal drug use, including marijuana and cocaine, continuing until February 2004.
- The applicant falsified his security clearance application by omitting past drug use and a drug-related arrest.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse.
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, of Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire, Personal History Statement, or Similar Form Used to Conduct Investigations, Determine Employment Qualifications, Award Benefits or Status, Determine Security Clearance Eligibility or Trustworthiness, or Award Fiduciary Responsibilities.
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator, Security Official, Competent Medical Authority, or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.
Procedural Posture
- SOR issuedJul 13, 2004
- Answer filedAug 5, 2004Applicant requested a hearing.
- Hearing heldOct 28, 2004Applicant appeared pro se.
- Decision dateApr 25, 2005Decision delayed due to heavy caseload.
Cite For
- Denial Based on Recent Illegal Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Failure to Mitigate Security Concerns Related to Drug Involvement and Personal Conduct