Summary
A 34-year-old federal contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to illegal marijuana use and falsification of his security clearance application. The Statement of Reasons alleged that the applicant illegally used marijuana intermittently from 2004 until February 3, 2021, the day before his hearing, and deliberately falsified his 2018 security clearance application to conceal this use. Furthermore, the applicant stated his intent to continue using marijuana in the future.
Disqualifying conditions were raised under both guidelines, including deliberate omission of relevant facts from a security form, a pattern of dishonesty, and illegal drug use. While some mitigating conditions were considered, such as the passage of time since the drug use and the applicant's voluntary admission, they were ultimately insufficient.
The judge determined that the applicant's ongoing illegal marijuana use while holding a security clearance, his falsification of the application, and his expressed intent to continue using marijuana, despite federal law, raised significant unmitigated security concerns regarding his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant illegally used marijuana while holding a security clearance.
- The applicant falsified his security clearance application by omitting his marijuana use.
- The applicant expressed intent to continue using marijuana, undermining his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 24raisedDrug Involvement and Substance Misuse
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 25(g)raisedIntent to Continue Drug Involvement
- AG ¶ 15raisedPersonal Conduct
- AG ¶ 16(a)raisedDeliberate Omission or Falsification
- AG ¶ 26(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's drug use was ongoing and recent.
- AG ¶ 17(a)rejectedPrompt Efforts to Correct OmissionsThe applicant did not make good-faith efforts to correct his omissions.
- AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's ongoing drug use and intent to continue using marijuana indicate it is likely to recur.
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 issuedApr 30, 2020
- Answer filedMay 19, 2020
- Hearing heldFeb 5, 2021Hearing convened as scheduled.
- Decision dateMar 4, 2021
Cite For
- Illegal Drug Use While Holding a Security Clearance Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Ongoing Drug Involvement Undermining Reliability and Trustworthiness