Summary
The applicant, a 39-year-old defense contractor, was denied security clearance due to marijuana use and DUI charges. He admitted to using marijuana in November 2017 and was arrested for DUI and drug possession on a military base. The judge found that the applicant's actions raised significant concerns regarding his reliability and trustworthiness, leading to an unfavorable decision regarding his security clearance eligibility.
Under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant failed to outline the full extent of his November 2017 criminal conduct during interviews with an authorized investigator (2.a). Applicant used marijuana in November 2017 after being granted a DOD secret security clearance in July 2006 (1.a). Applicant was arrested in November 2017 and charged with simple possession of marijuana, DUI, and possession of drug paraphernalia on a U.S. military base (1.b). Applicant's criminal conduct raises questions about his judgment, reliability, and trustworthiness (3.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f), AG ¶ 16(c), AG ¶ 31(b). The decision turned on the following: The applicant used marijuana in violation of federal law and security clearance requirements; The applicant was arrested for DUI and drug possession while on a military base, raising concerns about his judgment and reliability; The applicant failed to provide full and truthful disclosures during security interviews, indicating a lack of candor.
Why the Applicant Was Denied
- The applicant used marijuana in violation of federal law and security clearance requirements.
- The applicant was arrested for DUI and drug possession while on a military base, raising concerns about his judgment and reliability.
- The applicant failed to provide full and truthful disclosures during security interviews, indicating a lack of candor.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Areas
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 3, 2018
- Answer filedAug 2, 2018
- Hearing heldApr 10, 2019
- Decision dateMay 9, 2019
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J