Summary
The Applicant, a 37-year-old single male with a high school diploma and some college education, sought a security clearance despite past marijuana use and falsification of a government questionnaire. His marijuana use ended 15 months prior to the record closing, and he demonstrated a credible intent not to use drugs in the future. Although he had falsified information regarding his drug use, the judge found this conduct to be isolated and not recent, ultimately granting the clearance based on the whole person standard.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Applicant did falsify a Government questionnaire about his marijuana use (2.a). The Applicant answered 'No' to a question regarding whether he had ever been charged with or convicted of any felony offense, when in fact he had been arrested for Felony Hit and Run in connection with an accident in 1989 (2.b). The Applicant is ineligible for clearance because he abuses illegal drugs (1.a). The Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process (1.b).
The judge granted 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.A8.1.3.1, E2.A8.1.3.3, E2.A5.1.3.2, E2.A5.1.3.3. The decision turned on the following: The Applicant's marijuana use ended 15 months before the record closed; He demonstrated a credible intent not to use marijuana in the future; The falsification of the questionnaire was isolated and not recent, and he voluntarily corrected the information.
Why the Applicant Prevailed
- The Applicant's marijuana use ended 15 months before the record closed.
- He demonstrated a credible intent not to use marijuana in the future.
- The falsification of the questionnaire was isolated and not recent, and he voluntarily corrected the information.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Use Drugs in the Future
- E2.A5.1.3.2appliedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily
- E2.A5.1.3.3appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts
Key Rule Quoted
“The eligibility guidelines established in the DoD Directive identify personal characteristics and conduct which are reasonably related to the ultimate question of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”
Procedural Posture
- SOR issuedApr 21, 2005
- Answer filedMay 13, 2005
- Hearing heldAug 24, 2005
- Decision dateJan 19, 2006
Cite For
- Mitigation of Drug Use Under Guideline H Due to Cessation and Intent Not to Use in the Future
- Isolated Incidents of Falsification Under Guideline E Can Be Mitigated by Voluntary Correction
- Whole Person Concept Applied in Evaluating Character and Trustworthiness.