Summary
A 27-year-old engineer was denied a security clearance due to concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The applicant admitted to using and purchasing marijuana from approximately November 2016 through May 2017, a period during which he held a security clearance. This included an arrest in May 2017 for possession of marijuana and paraphernalia.
Further concerns arose from the applicant's failure to immediately report his May 2017 arrest, as required. The administrative judge identified several disqualifying conditions related to personal conduct and drug involvement, including a pattern of substance misuse over a six-month period.
While mitigating conditions were considered, the judge determined that the applicant did not sufficiently resolve the security concerns. Consequently, the applicant was denied eligibility for access to classified information.
Why the applicant was denied
- The applicant admitted to using marijuana while holding a security clearance.
- The applicant failed to report his May 2017 arrest for possession of marijuana in a timely manner.
- The applicant's marijuana use occurred over a six-month period, indicating a pattern of substance misuse.
Conditions referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's marijuana use was recent and occurred while holding a security clearance.
- AG ¶ 26(b)rejectedAcknowledges Drug Involvement and Provides Evidence of Actions Taken to Overcome the ProblemThe applicant did not establish a sufficient pattern of abstinence or provide evidence of effective rehabilitation.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not report his arrest in a timely manner.
- AG ¶ 17(c)rejectedOffense Is so Minor or so Much Time Has Passed That It Is Unlikely to RecurThe applicant's conduct was serious and recent.
- AG ¶ 17(d)rejectedAcknowledged Behavior and Obtained CounselingThe applicant's counseling did not demonstrate a change in behavior or sufficient mitigation.
Key rule quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural posture
- SOR issuedJan 9, 2019
- Answer filedFeb 15, 2019
- Hearing held—Applicant requested a decision on the record without a hearing.
- Decision dateAug 7, 2019
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Report an Arrest Under Guideline E
- Lack of Sufficient Evidence for Mitigating Conditions in Substance Misuse Cases