Summary
A 24-year-old software developer was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana multiple times between November 2016 and April 2017 while in college. More significantly, the applicant used marijuana in January 2019 while visiting Amsterdam, at which time he held an interim Department of Defense (DOD) security clearance.
The applicant's last reported marijuana use occurred less than a year prior to the decision, despite his awareness that such use was incompatible with holding a DOD security clearance. This pattern of behavior, particularly the use of marijuana while already holding an interim clearance, raised serious concerns about his judgment and reliability.
Ultimately, the judge found that the applicant failed to provide sufficient evidence of rehabilitation or a firm commitment to abstain from future drug use. While some mitigating conditions were considered, the disqualifying conditions related to drug involvement and personal conduct were not overcome, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding an interim security clearance.
- The applicant's last use of marijuana was less than a year ago, raising concerns about his judgment and reliability.
- The applicant failed to demonstrate sufficient evidence of rehabilitation or a commitment to abstain from drug use in the future.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)(1)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 16(e)(3)appliedEngaging in Activities Which, If Known, Could Affect the Person’s Standing
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's last use of marijuana was recent and occurred while holding a security clearance.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions to Overcome the ProblemThe applicant's actions were insufficient to overcome his past conduct and recent failure to abstain.
- AG ¶ 17(c)rejectedThe Offense Is so Minor or so Much Time Has PassedThe applicant's behavior was too recent to overcome the personal conduct security concerns.
- AG ¶ 17(d)rejectedAcknowledgment of the Behavior and Obtaining CounselingThe applicant's acknowledgment was insufficient given the recency of his drug use.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJun 26, 2019
- Answer filedJul 19, 2019
- Hearing heldSep 17, 2019
- Decision dateNov 7, 2019
Cite For
- Recent Marijuana Use While Holding an Interim Security Clearance Under Guideline H
- Failure to Demonstrate Rehabilitation Under Guideline H
- Serious Concerns About Judgment and Reliability Under Guideline E