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's Statement of Reasons included allegations of purchasing and using marijuana from approximately June 2003 through at least December 2018, and continuing this use after being granted a Department of Defense security clearance in March 2009.
While the applicant disclosed past marijuana use from November 2005 through July 2007 on his December 29, 2008 SF-86, he was alleged to have failed to disclose his continued use. The applicant denied falsifying the SF-86, stating he was not using marijuana at the time of its completion and had not since July 2007.
However, the administrative judge found that the applicant continued marijuana use after obtaining a security clearance in March 2009, and after being aware of its security implications. Despite some mitigating conditions being considered, the applicant's assurances of abstinence were deemed insufficient given his ten-year history of marijuana use while holding a security clearance. Consequently, the applicant failed to mitigate the security concerns, leading to the denial of eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant continued to use marijuana after being granted a security clearance in March 2009.
- The applicant's marijuana use occurred after he was placed on notice of its security significance.
- The applicant's assurances of abstinence were deemed insufficient given his ten-year history of marijuana use while holding a security clearance.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Drug Use While Holding a Clearance
- AG ¶ 15(a)raisedFalsification of Relevant Facts
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementWhile the applicant acknowledged his drug use, the judge found the mitigating weight insufficient due to the ongoing nature of the conduct.
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe judge determined that the applicant's history of drug use raised doubts about his future reliability.
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 Ongoing Drug Use After Clearance Was Granted
- Failure to Mitigate Personal Conduct Concerns Related to Drug Involvement
- Importance of Self-reporting in Security Clearance Evaluations but Insufficient to Overcome a History of Violations