Summary
A 35-year-old carpenter 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 a history of methamphetamine use and the intentional falsification of information on a security clearance questionnaire.
The applicant used methamphetamine with varying frequency from approximately 1985 until April 30, 1996, including daily use from November 1995 to April 1996. On a security clearance questionnaire executed May 8, 1997, the applicant intentionally misrepresented this history, stating he had used methamphetamine only twice between March and April 1996. The full extent of his drug use was later disclosed during a July 1997 interview with a DSS agent.
Despite credible testimony of abstinence since April 1996 and positive character references, the judge found that the recency and extent of the applicant's drug use, coupled with his deliberate dishonesty on the questionnaire, undermined his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a long history of methamphetamine use, including daily use for several months prior to April 1996.
- The applicant intentionally falsified material facts on a security clearance questionnaire regarding his drug use.
- The recency and extent of the applicant's drug use raised concerns about his reliability and trustworthiness.
Conditions Referenced
- H1raisedAny Drug Abuse.
- H2raisedIllegal Drug Possession.
- E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
- J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
- J2raisedA Single Serious Crime or Multiple Lesser Offenses.
- H3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the Future.The applicant's past drug use and lack of formal treatment precluded a finding that his abuse is unlikely to recur.
- E3appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the Facts.The applicant disclosed the full extent of his drug use during a subsequent interview with a DSS agent.
- J3notedNo Mitigating Conditions Applicable.
Key Rule Quoted
“In DOHA cases, the Government has the initial burden of producing evidence that reasonably suggests an applicant cannot be relied upon to safeguard classified information.”
Procedural Posture
- SOR issuedOct 21, 1997
- Answer filedNov 6, 1997
- Hearing heldFeb 19, 1998
- Decision dateMar 11, 1998
Cite For
- Denial of Clearance Due to History of Drug Abuse Under Guideline H
- Impact of Intentional Falsification on Security Clearance Eligibility Under Guidelines E and J
- Consideration of Mitigating Factors Related to Honesty and Character References in Security Clearance Cases.