Summary
A 64-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a history of marijuana use and a lack of candor regarding his employment record and drug use.
The applicant admitted to recreational marijuana use from approximately January 1975 until at least September 2018. This long history included a termination from employment due to a positive drug test for marijuana. Furthermore, the applicant provided false information on his SF-86 concerning both his employment history and his drug use.
The judge determined that the applicant's admissions and failure to mitigate concerns about his reliability and trustworthiness warranted the denial. Specifically, the applicant did not provide evidence of rehabilitation or a formal statement of intent to abstain from drug use, which undermined his claims of current reliability.
Why the Applicant Was Denied
- The applicant admitted to a long history of marijuana use spanning over four decades, with the most recent use ending in September 2018.
- The applicant provided false information on his SF 86 regarding his employment history and drug use, which raised significant concerns about his reliability and trustworthiness.
- The applicant failed to provide evidence of rehabilitation or a formal statement of intent to abstain from drug use, undermining his claims of current reliability.
Conditions Referenced
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 25(a)appliedAny Substance Misuse
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant acknowledged past drug use but did not provide sufficient evidence of rehabilitation or a formal commitment to abstain.
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 issuedOct 4, 2019
- Answer filedOct 18, 2019Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateJan 10, 2020
Cite For
- Denial of Security Clearance Due to Long-term Drug Involvement Under Guideline H
- Lack of Candor in Security Clearance Applications Under Guideline E
- Failure to Provide Mitigating Evidence for Past Substance Misuse