Summary
The applicant, a 25-year-old federal contractor, faced security clearance denial under Guidelines E and H due to a history of illegal drug use and personal conduct issues. He admitted to using marijuana, MDMA, cocaine, and LSD over several years, including after obtaining a security clearance, and failed to disclose this drug use on his security clearance applications. The judge found that the applicant's lack of rehabilitation and ongoing drug use raised significant trustworthiness concerns, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant deliberately failed to disclose his illegal drug use on his July 2020 SCA (1.a). Applicant has used marijuana from about October 2017 to June 2021 (2.a). He has used methylenedioxy-methamphetamine (MDMA, or Ecstasy) from June 2018 to November 2019 (2.b). He used cocaine in October 2019 (2.c). He used lysergic acid diethylamide (LSD) in May 2020 (2.d). Applicant used marijuana in June 2021 while he had access to classified information after his secret-level security clearance was granted in October 2020 (2.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f), AG ¶ 16(a). The decision turned on the following: The applicant admitted to using illegal drugs, including marijuana, MDMA, cocaine, and LSD, over several years, including after obtaining a security clearance; He deliberately omitted his drug use on security clearance applications, raising significant trustworthiness issues; The applicant's history of drug use and lack of evidence of rehabilitation did not support granting security clearance.
Why the Applicant Was Denied
- The applicant admitted to using illegal drugs, including marijuana, MDMA, cocaine, and LSD, over several years, including after obtaining a security clearance.
- He deliberately omitted his drug use on security clearance applications, raising significant trustworthiness issues.
- The applicant's history of drug use and lack of evidence of rehabilitation did not support granting security clearance.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 16(a)raisedDeliberate Omission of Relevant Facts
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 issuedFeb 2, 2023
- Answer filedFeb 12, 2023Applicant requested a determination on the written record.
- Hearing held—
- Decision dateSep 14, 2023
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Significant Trustworthiness Issues Arising From Deliberate Omissions on Security Clearance Applications.