Summary
A 34-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant was found to have falsified information on his July 12, 2001, security clearance application (SF 86) by failing to fully disclose required information on three questions.
Specifically, the applicant admitted to a 1998 misdemeanor possession offense but failed to report three additional police record entries for alcohol and drug offenses from 1995, 1999, and 2000. He also did not fully report his use of illegal drugs between 1994 and 2000, which he later admitted to an investigator. The applicant's drug use, including marijuana and other substances, spanned from 1992 until 2000, and he failed to disclose related arrests, including one for possession with intent to sell marijuana.
The denial was based on the applicant's failure to disclose multiple arrests and extensive drug use on his application. His history of criminal conduct raised significant concerns about his judgment and reliability, and his drug involvement was deemed too extensive and recent to be mitigated by the passage of time.
Why the Applicant Was Denied
- The applicant failed to disclose multiple arrests and drug use on his security clearance application.
- The applicant's history of criminal conduct raised concerns about his judgment and reliability.
- The applicant's drug involvement was extensive and recent enough to not be mitigated by time.
Conditions Referenced
- E2.A5.1.1raisedQuestionable Judgment, Unreliability, and Unwillingness to Comply with Rules and Regulations
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.1raisedHistory or Pattern of Criminal Activity Creating Doubt About a Person's Judgment, Reliability and Trustworthiness
- E2.A10.1.2.1raisedAdmission of Criminal Conduct
- E2.A10.1.2.2raisedSingle Serious Crime or Multiple Lesser Offenses
- E2.A8.1.1.3raisedDrug Abuse Is the Illegal Use of a Drug
- E2.A10.1.3.1rejectedThe Conduct Occurred Over Seven Years Ago and Is Relatively MinorThe seriousness and recency of the 1999 and 2000 charges were not mitigated by time.
- E2.A8.1.3.1rejectedDrug Involvement Was Not RecentThe applicant's drug use extended until 2000, just one year before the filing of his SF 86.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJan 3, 2005Received by Applicant on 01/05/2005
- Answer filedFeb 19, 2005Applicant elected to have case decided on written record
- Hearing held—No hearing held; case decided on written record
- Decision dateJul 28, 2005
Cite For
- Failure to Disclose Criminal History on Security Clearance Application Under Guideline E
- Impact of Drug Involvement on Security Clearance Eligibility Under Guideline H
- Consideration of Past Criminal Conduct Under Guideline J