Summary
A 26-year-old defense contractor and former U.S. Army member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using tetrahydrocannabinol (THC), the active component in marijuana, from approximately May 2016 to at least June 2019. This included use while in possession of a security clearance and resulted in three failed urinalysis tests on May 16, 2016, May 28, 2019, and June 11, 2019.
Additionally, the applicant received Non-Judicial Punishment in about June 2016 for Wrongful Use of Marijuana, detected by urinalysis. The applicant also falsified her December 3, 2021, security clearance application by deliberately failing to disclose this disqualifying information, including her drug use and the disciplinary action.
The judge determined that the applicant failed to mitigate the security concerns raised by her admitted marijuana use, particularly while holding a security clearance, and her falsification of the security clearance application. Consequently, the applicant was denied eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of marijuana use while holding a security clearance.
- The applicant falsified her security clearance application by omitting relevant drug use and disciplinary actions.
- The applicant did not present evidence to mitigate the security concerns regarding her drug involvement and personal conduct.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 25(f)rejectedIllegal Drug Use While Granted Access to Classified InformationThe record did not show that the applicant had signed a non-disclosure agreement or had a need-to-know.
- AG ¶ 16(a)raisedDeliberate Omission or Falsification
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's drug use continued until her discharge from the Army.
- AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions Taken to Overcome Drug InvolvementThe applicant did not provide evidence of actions taken to address her drug use.
- AG ¶ 26(c)notedAbuse of Prescription Drugs After Severe Illness
- AG ¶ 26(d)notedCompletion of a Drug Treatment Program
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedFeb 23, 2023
- Answer filednullundated answer submitted
- Hearing heldnulldecision on the written record
- Decision dateOct 24, 2023
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Failure to Mitigate Security Concerns Despite Admissions of Misconduct