Summary
A 23-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's Statement of Reasons alleged he used and purchased marijuana on approximately 10 to 12 occasions between August 2014 and July 2015. A key concern was that he used marijuana twice in December 2015, after submitting his security clearance application on October 22, 2015, and after stating he did not intend to use it in the future.
The judge found that while personal conduct concerns were mitigated, the applicant's drug involvement raised significant issues. Disqualifying conditions H.25(a) and H.25(c) were raised, while mitigating conditions H.26(a) and H.26(b) were applied.
Ultimately, the clearance was denied because the applicant's period of abstinence from illegal drug use was deemed insufficient to mitigate security concerns, requiring more time without drug use. His continued marijuana use after stating an intent to abstain indicated a lack of reform and rehabilitation.
Why the Applicant Was Denied
- The applicant used marijuana on approximately 10 to 12 occasions from August 2014 to July 2015 and twice in December 2015, including after submitting his security clearance application.
- The applicant's period of abstinence from illegal drug use was insufficient to mitigate security concerns, as more time without drug use was necessary.
- The applicant's marijuana use after stating he would not use it in the future indicated a lack of reform and rehabilitation.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.26(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's marijuana use was acknowledged but deemed insufficiently distant to mitigate concerns.
- H.26(b)appliedDemonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant expressed intent to abstain from drug use, but the period of abstinence was too short.
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 1, 2016
- Answer filedOct 5, 2016Applicant waived his right to a hearing.
- Hearing heldDec 7, 2016
- Decision dateJan 25, 2017
Cite For
- Insufficient Period of Abstinence From Drug Use Under Guideline H
- Mitigating Conditions for Personal Conduct Under Guideline E
- Importance of Demonstrating a Track Record of Reform for Drug Involvement Concerns