Summary
A 38-year-old federal contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons (SOR) alleged the applicant used and purchased marijuana on multiple occasions from 1986 to December 2001, and had two drug-related arrests, including a felony conviction.
Further, the applicant intentionally failed to disclose his drug involvement on his security clearance application (SF 86), admitting to falsifying answers to questions 27 and 28. These actions raised disqualifying conditions related to personal conduct, drug involvement, and criminal conduct.
Despite the consideration of several mitigating conditions, the judge found no evidence of rehabilitation or changed circumstances since the applicant's last drug-related conduct. Consequently, the judge determined that the applicant's conduct presented significant security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to drug involvement on multiple occasions, including a felony conviction.
- Applicant intentionally failed to disclose his drug involvement on his security clearance application (SF 86).
- The judge found no evidence of rehabilitation or changed circumstances since the applicant's last drug-related conduct.
Conditions Referenced
- DC 1raisedCriminal Conduct
- DC 2raisedCriminal Conduct
- DC 1raisedDrug Involvement
- DC 2raisedDrug Involvement
- DC 2raisedPersonal Conduct
- DC 4appliedPersonal Conduct
- DC 5appliedPersonal Conduct
- MC 1rejectedCriminal ConductThe applicant's drug involvement was not recent enough to demonstrate rehabilitation.
- MC 2rejectedCriminal ConductThe applicant was involved in multiple instances of drug-related criminal conduct.
- MC 6rejectedCriminal ConductThe applicant did not provide clear evidence of successful rehabilitation.
- MC 1rejectedDrug InvolvementThe applicant's drug involvement was not recent enough to demonstrate rehabilitation.
- MC 2rejectedDrug InvolvementThe applicant was involved in multiple instances of drug-related criminal conduct.
- MC 3rejectedDrug InvolvementThe applicant's declared intent not to abuse drugs was not demonstrated.
- MC 2rejectedPersonal ConductThe applicant's falsification was recent and he made no effort to correct it.
- MC 5appliedPersonal ConductThe applicant disclosed his drug abuse to a security investigator.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedAug 17, 2004
- Answer filedNov 12, 2004
- Hearing heldJun 20, 2006
- Decision dateAug 31, 2006
Cite For
- Denial Based on Multiple Drug-related Offenses and a Felony Conviction
- Failure to Disclose Relevant Information on a Security Clearance Application
- Lack of Evidence Demonstrating Rehabilitation or Changed Circumstances