Summary
The applicant, a 32-year-old principal systems engineer, faced security clearance denial under Guideline H for drug involvement and Guideline E for personal conduct due to a history of marijuana use from June 2002 to August 2017, including while holding a DOD security clearance. Despite claims of abstention, the judge found insufficient evidence of a commitment to future abstinence, raising concerns about reliability and trustworthiness.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant used marijuana while holding an active security clearance (2.a). Applicant used marijuana with varying frequency from approximately June 2002 to August 2017, including after he had been granted a DOD security clearance in May 2009 (1.a). Applicant failed to commit to discontinue his use of marijuana despite stating on April 29, 2009, and on January 24, 2017, that he did not intend to use marijuana in the future (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(f), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant used marijuana from June 2002 to August 2017, including while holding a DOD security clearance; The applicant failed to commit to future abstinence from marijuana use, raising concerns about reliability and trustworthiness; The applicant's history of drug use and noncompliance with DOD policies contributed to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant used marijuana from June 2002 to August 2017, including while holding a DOD security clearance.
- The applicant failed to commit to future abstinence from marijuana use, raising concerns about reliability and trustworthiness.
- The applicant's history of drug use and noncompliance with DOD policies contributed to the denial of his security clearance.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse, or Failure to Clearly and Convincingly Commit to Discontinue Such Use
- AG ¶ 26(a)rejectedThe Drug Involvement and Substance Misuse Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's marijuana use was too recurrent to qualify for mitigation.
- AG ¶ 26(b)rejectedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceThe applicant's failure to abide by previous commitments to abstain from marijuana use undermined his claims of future abstinence.
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 issuedMay 30, 2018
- Answer filedJun 15, 2018
- Hearing heldSep 17, 2018
- Decision dateNov 28, 2018
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Demonstrate Commitment to Abstain From Drug Use
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E