Summary
A 37-year-old government contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed several allegations, including infrequent cocaine use from 1996 to 2014, assisting a friend in harvesting marijuana in 2014, and peyote use in 2015. Notably, the peyote use occurred in June 2015, after the applicant had submitted his electronic Questionnaires for Investigations Processing (e-QIP).
Disqualifying conditions H.25(a), H.25(c), and E.16(e) were raised, while mitigating conditions H.26(a), H.26(b), E.17(c), E.17(d), and E.17(e) were considered. However, the judge ultimately found these insufficient to overcome the security concerns.
The denial was based on the recency of the applicant's drug use, which occurred after he had committed to abstaining from illegal substances. His peyote use, specifically after submitting his e-QIP, raised significant questions about his judgment and reliability. The applicant failed to provide sufficient evidence to demonstrate that future drug use was unlikely, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's drug use was recent and occurred after he had pledged to abstain from illegal substances.
- The applicant's use of peyote raised questions about his judgment and reliability, particularly as it occurred after submitting his e-QIP.
- The applicant did not provide sufficient evidence to demonstrate that future drug use is unlikely to occur.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- E.16(e)raisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentOnly two years have passed since the applicant's last drug use.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's recent drug use undermines the credibility of his intent.
- E.17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use was not infrequent and occurred recently.
- E.17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to RecurThe applicant did not demonstrate sufficient steps to mitigate the concerns.
- E.17(e)rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or DuressThe applicant's recent drug use creates ongoing vulnerabilities.
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 issuedSep 2, 2016
- Answer filedSep 29, 2016
- Hearing heldDec 1, 2016
- Decision dateMar 8, 2017
Cite For
- Failure to Mitigate Drug Involvement Under Guideline H
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Recency of Drug Use Impacting Security Clearance Eligibility