Summary
A 37-year-old program manager was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to purchasing and using marijuana from approximately June 2003 through at least December 2018. This included continued use after receiving a Department of Defense security clearance in March 2009.
The Statement of Reasons alleged that the applicant falsified his December 29, 2008 SF-86 by failing to disclose his ongoing marijuana use, though the applicant denied this specific allegation. Disqualifying conditions related to personal conduct and drug involvement were raised, while mitigating conditions concerning the passage of time and the applicant's voluntary admission were considered.
Ultimately, the clearance was denied because the applicant admitted to ten years of intermittent marijuana use while holding a security clearance, violating federal law and company policy. The judge found the applicant's assurances of future abstinence insufficient given his extensive history of drug involvement, raising significant concerns about his reliability and trustworthiness.
Why the applicant was denied
- The applicant admitted to using marijuana intermittently for ten years while holding a security clearance.
- He continued to use marijuana after being granted a security clearance in March 2009, violating federal law and company policy.
- The applicant's assurances of abstinence were deemed insufficient given his long history of drug use.
Conditions referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Drug Use While Holding a Clearance
- AG ¶ 16(a)raisedFalsification of Relevant Facts
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementWhile the applicant self-reported his drug use, the judge found the mitigating weight insufficient due to the duration and frequency of use.
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe judge determined that the applicant's past behavior raised doubts about his current reliability and trustworthiness.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMar 12, 2020
- Answer filedApr 14, 2020Initially represented by counsel.
- Hearing heldMar 23, 2021Conducted as scheduled.
- Decision dateJan 11, 2022
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Self-reporting of Drug Use Does Not Guarantee Mitigation of Security Concerns.