Summary
A 57-year-old engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a long history of illegal drug use, including marijuana from 1969 to at least 2001, cocaine from 1977 to at least 1996, and amphetamines from 1977 to 1982 and again in 1994. He purchased these drugs, and continued to abuse and purchase them after receiving a secret security clearance in 1990.
The applicant was diagnosed with chemical dependency for cocaine and marijuana and underwent inpatient and outpatient treatment programs. However, he continued to use drugs after treatment, including marijuana until at least 2001, and also consumed alcohol in violation of probation conditions. A significant concern was his intentional failure to disclose his complete drug history on his security clearance application, which included not listing marijuana use until 2001 and cocaine use until 1996. This omission was considered a deliberate lie and a violation of Title 18 U.S.C. § 1001.
The judge found the applicant's claims of rehabilitation and intent to abstain from drug use lacked credibility, given his continued drug and alcohol use post-treatment. Consequently, the applicant failed to mitigate the security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant had a lengthy history of illegal drug use from 1969 to 2001, including marijuana, cocaine, and amphetamines.
- He intentionally failed to disclose his complete drug history on his security clearance application, violating Title 18 U.S.C. § 1001.
- The judge found that his claims of rehabilitation and intent to abstain from drug use were not credible, as he continued to use drugs and alcohol after treatment.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.2.3raisedDiagnosis by a Credentialed Medical Professional of Drug Abuse or Drug Dependence
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
Key Rule Quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedFeb 15, 2006
- Answer filedMar 13, 2006Applicant responded to SOR allegations.
- Hearing held—Case decided on written record.
- Decision dateJun 16, 2006
Cite For
- Failure to Disclose Drug History on Security Clearance Application
- Credibility Issues Regarding Claims of Rehabilitation
- Long-term Drug Abuse as a Disqualifying Factor Under Guideline H, E, and J