Summary
A 34-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of illegal drug use, including marijuana, crack cocaine, and amphetamines, which continued even after the applicant had been issued security clearances in 1990 and 1994. Specific allegations included using and purchasing marijuana from 1981 to at least June 1996, cultivating marijuana between 1978 and 1980, using crack cocaine on multiple occasions between April 1992 and April 1994, and using amphetamines on several occasions between 1983 and 1984, and again between October 1995 and February 1996.
Further concerns arose from the applicant's criminal conduct and repeated omissions. The applicant was arrested in October 1995 for aggravated battery/domestic violence, a felony, and later pleaded guilty to simple assault, resulting in a 16-day jail sentence and 12 months of probation. Additionally, the applicant falsified his National Agency Questionnaire, executed on October 9, 1993, and a sworn statement to DIS on March 27, 1996, by omitting his extensive history of drug use and purchases.
The judge determined that the applicant's prolonged substance abuse, coupled with repeated failures to disclose this information truthfully on security clearance applications and during interviews, raised significant security concerns. No evidence of rehabilitation or good faith disclosure was presented to mitigate these issues, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a prolonged history of illegal drug use, including marijuana, crack cocaine, and amphetamines, continuing even after obtaining security clearances.
- The applicant falsified his National Agency Questionnaire and provided misleading information during interviews regarding his drug use.
- The applicant's criminal conduct, including a felony assault conviction, demonstrated a pattern of dishonesty and disregard for the law.
Conditions Referenced
- DC 1raisedAny Drug Abuse.
- DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
- DC 3raisedFailure to Successfully Complete a Drug Treatment Program; Current Drug Involvement, Especially Following the Granting of a Security Clearance, Will Normally Result in an Unfavorable Determination.
- DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
- DC 3raisedThe Deliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator.
- DC 5raisedA Pattern of Dishonesty or Rule Violations.
- DC 1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses.
Key Rule Quoted
“The Government's initial burden is twofold: (1) It must prove any controversial fact[s] alleged in the Statement of Reasons and (2) it must demonstrate that the facts proven have a nexus to the applicant's inability to obtain or maintain a security clearance.”
Procedural Posture
- SOR issuedOct 4, 1996
- Answer filedOct 16, 1996Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateSep 5, 1997
Cite For
- Prolonged History of Illegal Drug Use Under Guideline H
- Falsification of Security Clearance Applications Under Guideline E
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J