Summary
A 25-year-old engineer-diver employed by a defense contractor was denied a security clearance due to unresolved personal conduct issues, specifically the deliberate falsification of information on his security clearance application. While the applicant successfully mitigated concerns related to his criminal conduct and drug involvement, his failure to fully disclose past drug use on the SF 86 was the basis for the denial.
The applicant had a history of drug use between 1998 and 2003, including experimenting with marijuana and other drugs in college. He used cocaine, psilocybin mushrooms, and ecstasy at least once each, and purchased marijuana multiple times. In 2003, he was terminated from a job after testing positive for marijuana, though he has been drug-free since April 2003. His criminal record included arrests in 1999 for trespass, soliciting prostitution, possession of drug paraphernalia, resisting arrest, and driving under the influence, with various outcomes for each charge.
Despite mitigating concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct), the applicant deliberately omitted material facts about his past drug use when answering Question 27 on the SF 86. This included failing to disclose his use of cocaine, psilocybin mushrooms, and ecstasy. This deliberate falsification raised significant doubts about his judgment and reliability, leading to the denial under Guideline E (Personal Conduct).
Why the Applicant Prevailed
- Successfully mitigated security concerns regarding criminal conduct due to maturity and absence of recent offenses.
- Successfully mitigated security concerns regarding drug involvement by demonstrating a drug-free lifestyle since 2003.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
- 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
“Truth, honesty, and reliability are paramount to being trusted with the nation's secrets.”
Procedural Posture
- SOR issuedJan 31, 2006
- Answer filedFeb 22, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJun 20, 2006
Cite For
- Deliberate Falsification of Information on Security Clearance Applications Under Guideline E
- Successful Mitigation of Criminal Conduct and Drug Involvement Under Guidelines J and H
- Importance of Truthfulness and Reliability in Security Clearance Determinations.