Summary
A 28-year-old computer engineer employed by a defense contractor was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from admitted drug involvement, falsification of a security questionnaire, and criminal conduct.
The applicant regularly abused marijuana from 1989 to May 1992 and used psychedelic mushrooms once in May 1992. Crucially, he resumed marijuana use after being granted a top secret clearance in February 1993 and also purchased and sold marijuana while holding this clearance. He deliberately omitted, concealed, or falsified relevant facts about his drug history on his personnel security questionnaire, violating 18 U.S.C. §1001.
The judge found that the applicant's drug use continued after obtaining a top secret clearance and that he willfully withheld information regarding his drug history, undermining his trustworthiness. Despite the applicant demonstrating a commitment to abstain from future drug use, his explanations for his conduct were deemed insufficient to mitigate the security concerns, leading to the denial.
Why the Applicant Was Denied
- The applicant admitted to regular marijuana use and drug transactions after being granted a top secret clearance.
- The applicant falsified his security questionnaire by omitting significant drug use and purchases.
- The applicant's explanations for his conduct were deemed insufficient to mitigate security concerns.
Conditions Referenced
- H1raisedAny Drug Abuse
- H2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- H3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's assurances were insufficient to outweigh the security concerns.
- E2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyThe applicant's omission was not considered isolated or voluntary.
- J1appliedThe Criminal Behavior Was Not RecentThe applicant's criminal conduct was mitigated by the passage of time.
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 issuedApr 29, 1997
- Answer filedMay 14, 1997
- Hearing heldJul 3, 1997
- Decision dateSep 19, 1997
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Falsification of Security Questionnaire Under Guideline E
- Criminal Conduct Considerations Under Guideline J