Summary
A 44-year-old U.S. Government contractor employee, seeking to retain his Secret security clearance, was denied due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a long history of polysubstance abuse, including illegal drug use and sales, which continued off-and-on until January 1995. This history included the use of glue, marijuana, LSD, heroin, cocaine, and unprescribed Valium and Percocet, with some drug use and sales occurring at his workplace. His criminal record included arrests for gambling, attempted breaking and entering, possession of controlled substances, and theft from his employer to support his drug habit.
Additionally, the applicant demonstrated a pattern of falsification on security questionnaires and in statements to investigators. He provided false or misleading information on a 1981 Personnel Security Questionnaire regarding drug addiction and later gave a sworn statement to the Defense Investigative Service in 1996 that contained denials of certain drug use at work, drug sales, and specific criminal arrests, which contradicted other evidence.
Despite recent rehabilitation efforts, including inpatient and outpatient treatment in 1995, consistent attendance at Narcotics Anonymous meetings since January 1995, and two years of being drug-free with negative urine screens, the judge determined that insufficient time had passed since his last drug use to mitigate the security concerns. The judge noted that given the applicant's extensive history of addiction, illegal drug involvement, and repeated relapses, a longer period of a drug-free lifestyle would be necessary to address the government's concerns.
Why the Applicant Was Denied
- The applicant has a lengthy history of drug addiction and illegal drug sales.
- The applicant provided false information in his security questionnaires, demonstrating a pattern of dishonesty.
- Insufficient time had passed since the applicant's last drug use to mitigate security concerns.
Conditions Referenced
- H.1raisedDrug Abuse
- E.2raisedFalsification of Information
- E.5raisedPattern of Dishonesty
- H.4appliedCompletion of Drug Treatment Program
- E.2rejectedIsolated Incident of FalsificationThe falsification was not isolated and occurred recently.
- E.3rejectedPrompt Correction of FalsificationNo evidence of good-faith efforts to correct the falsification.
Key Rule Quoted
“The clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedAug 8, 1996
- Answer filedSep 10, 1996Applicant elected to proceed without a hearing.
- Hearing held—Determined on a written record.
- Decision dateMar 11, 1997
Cite For
- Denial Based on Extensive Drug Involvement Under Guideline H
- Denial Due to Falsification of Information Under Guideline E
- Insufficient Time Since Last Drug Use to Mitigate Security Concerns