Summary
A 44-year-old avionics technician was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his failure to disclose past marijuana use on his December 14, 2015 security clearance application. The applicant had used marijuana infrequently from 1991 until August 2012.
Despite the infrequent and non-recent nature of his drug use, the judge determined that the deliberate omission of this information on his application raised significant concerns regarding his reliability and trustworthiness. The applicant's assertion that he believed his infrequent marijuana use did not require disclosure was deemed not credible, indicating a lack of candor.
Ultimately, the personal conduct security concerns were not mitigated due to the serious nature of the applicant's falsifications. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant failed to disclose his marijuana use on his December 14, 2015 security clearance application, which was considered a deliberate omission.
- The judge found that the applicant's belief that his infrequent marijuana use did not require disclosure was not credible, indicating a lack of candor.
- Personal conduct security concerns were not mitigated due to the serious nature of the applicant's falsifications.
Conditions Referenced
- H.25(a)raisedSubstance Misuse
- H.25(c)raisedIllegal Possession of a Controlled Substance
- H.25(f)raisedIllegal Drug Use While Holding a Security Clearance
- E.16(a)appliedDeliberate Omission, Concealment, or Falsification
- H.26(a)appliedInfrequent or Old Drug Use Unlikely to Recur
- H.26(b)rejectedAcknowledgment of Drug InvolvementThe applicant did not promptly correct his omission.
- H.26(c)rejectedCircumstances Unlikely to Recur
- E.17(a)appliedPrompt Efforts to Correct OmissionSome credit was given for disclosing marijuana use during the OPM PSI.
- E.17(b)rejectedAdvice of Legal Counsel
- E.17(c)rejectedMinor Offense or Infrequent Behavior
- E.17(d)rejectedAcknowledgment and Counseling
- E.17(e)rejectedReduction of Vulnerability to Exploitation
- E.17(f)rejectedUnsubstantiated Information
- E.17(g)rejectedUnwitting Association with Criminal Activities
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedNov 14, 2016
- Answer filedDec 21, 2016Applicant waived his right to a hearing.
- Hearing heldMay 5, 2017Hearing was held as scheduled.
- Decision dateJun 8, 2017Decision evaluated under new AGs effective June 8, 2017.
Cite For
- Deliberate Omission of Relevant Facts Under Guideline E
- Infrequent Drug Use Not Mitigating Under Guideline H
- Credibility Issues Regarding Applicant's Belief About Disclosure Requirements