Summary
A 45-year-old married father was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant was terminated from a defense contractor in December 2000 after testing positive for marijuana. Although he has not used illegal drugs since that time and has demonstrated good job performance at a new defense contractor, his past actions and lack of candor were central to the denial.
The Statement of Reasons included allegations that the applicant used marijuana while holding a security clearance, including a couple of times while on active duty in the Navy, and at least a couple of times per year until December 2000. A significant concern was that the applicant deliberately falsified a sworn statement in February 1988 to a government investigator, claiming only two instances of marijuana use in high school and none since, which misrepresented the actual extent of his drug use.
The denial was based on the applicant's use of marijuana while holding a security clearance, which raised questions about his judgment and reliability. Furthermore, his deliberate falsification of information during the 1988 interview and inconsistent testimony regarding his drug use undermined his credibility and raised doubts about his reform.
Why the applicant was denied
- The applicant used marijuana while holding a security clearance, which raised concerns about his judgment and reliability.
- The applicant deliberately falsified information regarding his drug use during a 1988 interview with a government investigator.
- The applicant's inconsistent testimony regarding his drug use undermined his credibility and raised doubts about his reform.
Conditions referenced
- E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A5.1.2.2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A5.1.2.5appliedA Pattern of Dishonesty
- H.1.araisedAny Drug Abuse
- H.1.aappliedThe Drug Use Was Not Recent
- H.2.brejectedThe Drug Use Was Isolated or Aberrational
- H.2.cappliedDemonstrated Intent Not to Abuse Any Drugs in the Future
Key rule quoted
“[N]o one has a 'right' to a security clearance.”
Procedural posture
- SOR issuedJan 13, 2004
- Answer filedFeb 9, 2004
- Hearing heldJul 9, 2004
- Decision dateFeb 14, 2005
Cite for
- Denial Based on Falsification of Drug Use History
- Impact of Prior Drug Use on Security Clearance Eligibility
- Credibility Issues Arising From Inconsistent Testimony