Summary
A 42-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The Statement of Reasons cited the applicant's use of cocaine and marijuana while holding a security clearance, multiple arrests for domestic violence, and the deliberate falsification of his security clearance application. Specifically, the applicant omitted, concealed, or falsified relevant facts on his application, and exhibited questionable judgment, untrustworthiness, and a lack of candor.
While the judge found that concerns related to drug involvement and criminal conduct were mitigated, the personal conduct issues, particularly the falsification of the application, were not. The applicant deliberately falsified his 2002 security clearance application regarding his arrests and drug use. His explanation for these omissions was deemed not credible or persuasive, especially given his extensive military experience, which indicated an understanding of the importance of truthful disclosures.
Ultimately, the judge concluded that the applicant's deliberate falsification of his application, coupled with an unconvincing explanation, warranted a denial of the security clearance.
Why the Applicant Was Denied
- The applicant deliberately falsified his 2002 security clearance application regarding his arrests and drug use.
- The applicant's explanation for the omissions on the application was deemed not credible or persuasive.
- The applicant's extensive military experience indicated he understood the importance of truthful disclosures on security clearance applications.
Conditions Referenced
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
- E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire, or Similar Form Used to Determine Security Clearance Eligibility or Trustworthiness.
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency.
- E2.A8.1.3.1appliedThe Drug Involvement Is Not Recent.
- E2.A8.1.3.2appliedThe Drug Involvement Was an Isolated or Aberrational Event.
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent.
- E2.A10.1.3.5appliedAcquittal.
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedAug 31, 2005
- Answer filedOct 11, 2005
- Hearing heldMar 1, 2006
- Decision dateAug 28, 2006
Cite For
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Mitigation of Drug Involvement Under Guideline H
- Mitigation of Criminal Conduct Under Guideline J