Summary
A 30-year-old program analyst for a defense contractor was denied a security clearance due to concerns under Guideline C (Foreign Preference), Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of illegal drug use, including marijuana, cocaine, Ecstasy, LSD, crystal methamphetamine, and opium, from approximately 1994 until August 2001, and had purchased drugs. She also had prior employment with a foreign embassy, accepting a salary and benefits, and had applied for a foreign government security clearance.
While her drug involvement was mitigated by its lack of recent activity and her stated intent to abstain, the primary reason for denial stemmed from her misrepresentations. The applicant misrepresented her drug history on her security-clearance application and in a sworn statement during a background investigation. She continued to withhold information and provided a false sworn statement in May 2003, denying any illegal drug involvement.
This conduct constituted criminal conduct under 18 U.S.C. § 1001 for making false statements to a federal agency. The judge found no mitigating conditions applicable to her falsification of information, leading to the denial of her security clearance.
Why the applicant was denied
- Applicant misrepresented her history of illegal drug involvement on her security-clearance application.
- She provided false statements during multiple interviews regarding her drug use.
- The judge found no mitigating conditions applicable to her falsification of information.
Conditions referenced
- E2.A5.1.2.2appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
- E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key rule quoted
“"The decision to deny a person a security clearance is not a determination of an applicant's loyalty. Instead, it is determination that the applicant has not met the strict guidelines the President has established for granting a clearance."”
Procedural posture
- SOR issuedMar 14, 2005
- Answer filedApr 7, 2005
- Hearing heldAug 10, 2005Applicant appeared pro se.
- Decision dateFeb 28, 2006
Cite for
- Misrepresentation of Drug History Under Guideline E
- Criminal Conduct Related to False Statements Under Guideline J
- Mitigation of Drug Involvement Under Guideline H Due to Lack of Recent Use