Summary
A 66-year-old male, with a long history of employment with the Defense Department, was denied retention of his security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana in the late 1970s and again from December 2016 to December 2019, while holding a security clearance. Specifically, he used marijuana at least ten times between January 1975 and January 1982, and approximately 60 times from December 2016 to December 2019.
The administrative judge found that the applicant provided false answers regarding his drug use on his e-QIP, raising disqualifying conditions related to personal conduct and drug involvement. While mitigating conditions were considered, they were not sufficient to overcome the concerns.
The denial was based on the applicant's admission of illegal marijuana use while holding a security clearance, his provision of false information on his e-QIP regarding his drug use history, and his continued marijuana use for two years after admitting drug involvement to an investigator. These factors led to significant concerns about the applicant's reliability and trustworthiness.
Why the applicant was denied
- The applicant admitted to using marijuana illegally while holding a security clearance.
- The applicant provided false information on his e-QIP regarding his drug use history.
- The applicant continued to use marijuana for two years after admitting his drug involvement to an investigator.
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 ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent drug use and continued involvement raised doubts about his reliability.
- AG ¶ 26(b)rejectedThe Individual Acknowledges His or Her Drug-involvement and Substance MisuseThe applicant's admission was not sufficient to mitigate the concerns due to the ongoing nature of his drug use.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of national security.”
Procedural posture
- SOR issuedApr 10, 2020
- Answer filedApr 30, 2020Requested decision on the written record.
- Hearing held—Case decided without a hearing.
- Decision dateOct 8, 2020
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Lack of Candor in E-qip Responses Under Guideline E
- Consideration of Ongoing Drug Use in Security Clearance Determinations