Summary
The applicant, a 41-year-old defense contractor employee, faced security concerns under Guidelines E, F, H, and J due to a long history of drug abuse, failure to disclose this history accurately in her security clearance application, and significant delinquent debts exceeding $9,300. The judge found that the applicant failed to mitigate the concerns related to her drug involvement, financial condition, and personal conduct, resulting in a denial of her security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Falsified material facts on her SCA by deliberately failing to note she had used cocaine and failed to reveal the full extent of her use of marijuana and methamphetamine (2.a). Deliberately falsified material facts during three interviews with a DSS agent by claiming she had not used illegal drugs since 1998 (2.b). Two judgments, one in 1998 for $458 and another in 1999 for $6,161, were entered against Applicant (3.a). Three delinquent debts totaling more than $1,400 that were placed for collection (3.b). Two delinquent debts totaling over $1,000 that were charged off (3.c). Applicant has a debt that, with accumulated interest, now totals more than $9,300 (3.d). Convicted of maintaining a place for manufacturing, distributing, and using a controlled substance (1.a). Diagnosed with methamphetamine dependence in remission (1.b). Used methamphetamine from 1982 until at least 2001 (1.c). Used marijuana from 1978 until at least December 1999 (1.d). Used cocaine from about 1978 until at least 1998 (1.e). Used heroin in 1979 (1.f). Used LSD between 1978 and 1980 (1.g). Used hallucinogenic mushrooms in 1979 (1.h). Used peyote in 1979 (1.i). Used PCP from 1978-79 (1.j). Illegally used Valium in 1979 (1.k). Applicant was convicted of maintaining a place for manufacturing, distributing, and using a controlled substance (4.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A8.1.2.1, E2.A5.1.2.2, E2.A6.1.2.1, E2.A10.1.2.2. The judge applied mitigating conditions E2.A5.1.3.5, E2.A6.1.3.6, E2.A10.1.3.1. The decision turned on the following: Applicant has a long history of drug abuse, including multiple illegal substances and a conviction for drug-related offenses; Applicant failed to accurately disclose her drug use history in her security clearance application and during interviews with security agents; Applicant has significant delinquent debts totaling over $9,300, indicating financial irresponsibility.
Why the Applicant Was Denied
- Applicant has a long history of drug abuse, including multiple illegal substances and a conviction for drug-related offenses.
- Applicant failed to accurately disclose her drug use history in her security clearance application and during interviews with security agents.
- Applicant has significant delinquent debts totaling over $9,300, indicating financial irresponsibility.
Conditions Referenced
- E2.A8.1.2.1raisedDrug Involvement
- E2.A5.1.2.2raisedFalsification of Material Facts on SCA
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A10.1.2.2raisedConviction of a Serious Crime
- E2.A5.1.3.5rejectedPositive Steps to Mitigate FalsificationApplicant did not establish reliability and trustworthiness despite claims of positive steps.
- E2.A6.1.3.6appliedGood-faith Effort to Repay DebtsApplicant is making some progress on her debts but still has significant unresolved debt.
- E2.A10.1.3.1appliedCriminal Behavior Not RecentCriminal behavior was not recent, but applicant's drug use continued until 2001.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 8, 2004
- Answer filedJun 29, 2004Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMar 14, 2005
Cite For
- Failure to Disclose Drug Use in Security Clearance Application Under Guideline E
- Significant Delinquent Debts Impacting Security Clearance Under Guideline F
- Long History of Drug Abuse as a Disqualifying Factor Under Guideline H