Summary
A 40-year-old security officer was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a pattern of dishonesty, including falsifying employment applications and a false request for military leave, alongside undisclosed marijuana use.
Specifically, the applicant submitted an altered military reserve record and falsified time and leave records. He failed to disclose a prior clearance suspension on a federal employment application and omitted his marijuana use on two SF 86 security clearance applications. Additionally, he falsified a TSA employment application and two SF 86s related to his current position.
The judge found that these actions established disqualifying conditions under both guidelines. The applicant's marijuana use while holding a clearance and subsequent dishonesty were considered serious security concerns. Claims of rehabilitation were not supported by sufficient evidence or a significant period of misconduct-free behavior, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant falsified his TSA employment application and two SF 86s, which established disqualifying conditions under both guidelines.
- The applicant's marijuana use while holding a security clearance and subsequent dishonesty were deemed serious security concerns that were not mitigated.
- The applicant's claims of being a 'changed man' were not supported by evidence of rehabilitation or a significant period without misconduct.
Conditions Referenced
- E2.A5.1.2.1appliedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Associates.
- E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
- E2.A5.1.2.5appliedPattern of Dishonesty or Rule Violations.
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses Can Raise a Disqualifying Condition Concern.
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily.The applicant's falsifications were part of a series of incidents, not isolated.
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.The applicant did not provide correct information until confronted.
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not Recent.The applicant's last falsification occurred recently.
- E2.A10.1.3.2rejectedThe Criminal Behavior Was an Isolated Incident.The applicant's conduct was repeated and recent.
- E2.A10.1.3.6rejectedClear Evidence of Successful Rehabilitation.The applicant's claims of being a changed man were not substantiated.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedSep 7, 2005
- Answer filedOct 18, 2005
- Hearing heldFeb 28, 2006
- Decision dateMar 15, 2006
Cite For
- Disqualifying Conditions Under Guidelines E and J Due to Falsification of Security Clearance Applications
- Pattern of Dishonesty Impacting Security Clearance Eligibility
- Failure to Establish Mitigating Conditions Related to Personal and Criminal Conduct