Summary
A 54-year-old engineer's security clearance was denied due to unmitigated concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The Department of Defense cited the applicant's history of substance abuse and alcohol-related incidents.
Specifically, the applicant admitted to purchasing marijuana in 2012 from a family member of his then-girlfriend and using it approximately twice a month for four months while holding a security clearance. During a February 2016 background interview, he initially misrepresented the source of the marijuana, stating he purchased it from an unknown person at a party, a detail he later admitted was inaccurate.
Further concerns arose from two arrests for driving under the influence (DUI), occurring on May 31, 2004, and March 20, 2015. The judge determined that the applicant's past drug use, pattern of alcohol-related issues, and misrepresentation during the background interview were not sufficiently mitigated, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding a security clearance, which raised significant security concerns.
- The applicant had two DUI arrests, indicating a pattern of alcohol-related issues that were not sufficiently mitigated by his recent treatment efforts.
- The applicant's misrepresentation during the background interview was relevant to the whole-person concept and contributed to the denial.
Conditions Referenced
- H.25.araisedSubstance Misuse
- H.25.craisedIllegal Possession of a Controlled Substance
- H.25.fraisedIllegal Drug Use While Granted Access to Classified Information
- G.22.araisedAlcohol-related Incidents Away From Work
- G.22.craisedHabitual or Binge Consumption of Alcohol
- H.26.arejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's marijuana use occurred while holding a clearance and was not long enough ago to mitigate concerns.
- H.26.brejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome the ProblemThe applicant's recent treatment efforts were insufficient to establish a pattern of abstinence.
- G.23.arejectedSo Much Time Has Passed or Behavior Was InfrequentThe applicant's last alcohol-related incident was too recent to mitigate concerns.
- G.23.brejectedAcknowledgment of Maladaptive Alcohol Use and Evidence of Actions TakenThe applicant sought treatment only after the SOR was issued and needed a longer track record of abstinence.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedSep 14, 2016
- Answer filedNov 3, 2016
- Hearing heldAug 28, 2017mutually agreed date
- Decision dateOct 11, 2017
Cite For
- Denial Based on Drug Involvement While Holding a Security Clearance
- Pattern of Alcohol-related Incidents Leading to Security Concerns
- Misrepresentation During Background Interviews Affecting Security Clearance Outcomes.