Summary
A 54-year-old engineer employed by a defense contractor was denied retention of his Secret security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of illegal drug use and repeated false statements made on security clearance applications and during interviews.
Specifically, the applicant abused marijuana from the 1970s until 1983, and used cocaine with his sons and their friends from 1984 to 1987, also selling small amounts of cocaine. He then falsely denied all drug involvement on his Personnel Security Questionnaire, Standard Form 86, and during Defense Investigative Service interviews, even after being advised of federal law regarding misrepresentation.
The judge found that the applicant's repeated misrepresentations, which constituted a felony violation of federal law, demonstrated a lack of trustworthiness and reliability. This pattern of dishonesty and concealment of relevant information, particularly the recency of the misrepresentations, raised significant security concerns, leading to the denial of his clearance.
Why the applicant was denied
- The applicant engaged in illegal drug use, including marijuana and cocaine, while holding a security clearance.
- The applicant made false statements on security clearance applications regarding his drug use history.
- The applicant's pattern of dishonesty and concealment of relevant information raised significant security concerns.
Conditions referenced
- E2raisedPersonal ConductThe applicant's deliberate omission, concealment, or falsification of relevant and material facts from personnel security questionnaires.
- E3raisedPersonal ConductThe applicant provided false or misleading information concerning relevant and material matters to an investigator.
- E5raisedPersonal ConductThe applicant demonstrated a pattern of dishonesty.
- C1raisedCriminal ConductThe applicant engaged in criminal conduct related to drug use.
- C2raisedCriminal ConductThe applicant's conduct included multiple lesser offenses.
Key rule quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural posture
- SOR issuedDec 12, 1996
- Answer filedJan 21, 1997
- Hearing heldMay 22, 1997
- Decision dateJul 3, 1997
Cite for
- Denial of Security Clearance Due to Drug Use and Dishonesty
- Impact of False Statements on Security Clearance Applications
- Importance of Trustworthiness in Security Clearance Determinations