Summary
The applicant, a 42-year-old federal contractor employee, admitted to over twenty years of drug use, including marijuana, psilocybin, and cocaine. He falsified his security clearance application by denying drug use after 1994 and lacked credibility in his claims of being drug-free. The judge found that the applicant failed to mitigate security concerns related to his drug involvement and personal conduct, resulting in a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant intentionally falsified his December 2000 security clearance application regarding his drug usage (2.a). Applicant failed to disclose marijuana use to 1995 and cocaine use until June 2000 on his security clearance application (2.b). Applicant denied using drugs while holding a security clearance on his security clearance applications (2.c). The applicant used marijuana over a period exceeding twenty years (1.a). The applicant used psilocybin (mushrooms) over a period exceeding twenty years (1.b). The applicant used cocaine over a period exceeding twenty years (1.c). The applicant continued drug use after being granted a security clearance in 1986 (1.d). The applicant admitted to using drugs within weeks of a 1995 interview where he stated he would not use drugs in the future (1.e). The applicant intentionally falsified his December 2000 security clearance application regarding his drug usage (1.f). The applicant failed to disclose drug use on his security clearance applications in 2000 and 2002 (1.g).
The judge denied the clearance. The government raised disqualifying conditions E2.A8.1.2.1, E2.A8.1.2.2, E2.A5.1.2.2. The judge applied mitigating conditions E2.A8.1.3.3. The decision turned on the following: The applicant admitted to extensive drug use over more than twenty years; He intentionally falsified his security clearance application regarding drug use; His lack of credibility regarding future drug use undermined any mitigating claims.
Why the Applicant Was Denied
- The applicant admitted to extensive drug use over more than twenty years.
- He intentionally falsified his security clearance application regarding drug use.
- His lack of credibility regarding future drug use undermined any mitigating claims.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A5.1.2.2raisedDeliberate Omission or Falsification of Relevant Material Facts
- E2.A8.1.3.3rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's lengthy history of drug use and continued use despite prior assertions of abstinence vitiated this mitigating condition.
Key Rule Quoted
“[No] one has a 'right' to a security clearance.”
Procedural Posture
- SOR issuedOct 5, 2004
- Answer filedOct 27, 2004
- Hearing held—Applicant appeared pro se.
- Decision dateApr 7, 2005
Cite For
- Denial Based on Extensive Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Lack of Credibility in Claims of Rehabilitation or Future Abstinence From Drugs