Summary
A 45-year-old repair technician was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of marijuana use dating back to the late 1970s, which continued occasionally until at least 2002. Notably, he used marijuana from 1988 until the mid-1990s while already holding a security clearance.
The denial was primarily based on the applicant's deliberate omission of his drug use and criminal record from his security clearance application. The judge found that the applicant's long history of drug use, including while cleared, and his intentional misrepresentation on the application were not mitigated.
The judge determined that the applicant's claims of maturity and cessation of drug use lacked credibility, citing ambiguous statements about his drug use history. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant had a long history of marijuana use, including while holding a security clearance.
- The applicant deliberately omitted relevant information regarding his drug use and criminal record from his security clearance application.
- The applicant's claims of having matured and ceased drug use were not credible given his ambiguous statements about his drug use history.
Conditions referenced
- E2.A8.1.2.1raisedAny Drug Use
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A5.1.2.2raisedDeliberate Omission of Relevant and Material Facts
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's statements indicated continued use of marijuana beyond 2002.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's long history of drug use disqualified this condition.
- E2.A8.1.3.3rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's lack of credible evidence regarding future abstention from drug use.
- E2.A5.1.3.1rejectedInformation Was Unsubstantiated or Not PertinentThe applicant admitted to deliberately concealing information.
- E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentThe omissions occurred less than three years prior to the hearing.
- E2.A5.1.3.3rejectedPrompt, Good-faith Effort to Correct FalsificationThe applicant did not voluntarily disclose the omitted information.
Key rule quoted
“If the applicant has not been honest and forthright during the investigation, he probably is not a suitable candidate for access to classified information.”
Procedural posture
- SOR issuedJul 21, 2005
- Answer filedSep 1, 2005Applicant elected to have the case decided on a written record.
- Hearing held—No hearing; decided on written record.
- Decision dateMar 31, 2006
Cite for
- Long History of Drug Use While Holding a Security Clearance Under Guideline H
- Deliberate Omission of Relevant Information From Security Clearance Application Under Guideline E
- Credibility of Applicant's Claims Regarding Future Drug Use Intentions