Summary
A 35-year-old defense contractor and former Navy member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history included monthly marijuana use starting in 2012, escalating to daily use by August 2013. In August 2013, he failed a workplace urinalysis, testing positive for marijuana, and was subsequently diagnosed with continuous cannabis dependence. Additionally, in 2002, at age 18, the applicant was arrested for marijuana possession and served a period of probation.
The denial was primarily based on the applicant's frequent marijuana use while holding a security clearance and his failure to fully disclose the extent of this use on his security clearance application and during his background interview. The judge found the applicant's admissions and explanations regarding his drug use to be inconsistent and lacking credibility.
Although some mitigating conditions were considered, the judge determined that the applicant did not adequately mitigate the security concerns. Specifically, the lack of transparency regarding the full scope of his drug use and the absence of ongoing aftercare following his drug treatment program were significant factors in the decision to deny the security clearance.
Why the Applicant Was Denied
- The applicant frequently used marijuana while holding a security clearance, including a positive drug test in August 2013.
- The applicant failed to fully disclose the extent of his marijuana use on his security clearance application and during his background interview.
- The applicant's admissions and explanations regarding his drug use were inconsistent and lacked credibility.
Conditions Referenced
- H.25.araisedAny Substance Misuse
- H.25.braisedTesting Positive for an Illegal Drug
- H.25.draisedDiagnosis by a Duly Qualified Medical or Mental Health Professional of Substance Abuse Disorder
- H.25.fraisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- H.26.brejectedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of AbstinenceThe applicant's acknowledgment of drug use was not complete or credible.
- H.26.drejectedSatisfactory Completion of a Prescribed Drug Treatment Program, Including, but Not Limited To, Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Duly Qualified Medical ProfessionalThe applicant did not continue any ongoing aftercare participation in drug treatment or counseling.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 31, 2017
- Answer filedFeb 21, 2017
- Hearing heldAug 2, 2017
- Decision dateSep 25, 2017
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Disclose Drug Use Under Guideline E
- Inconsistencies in Applicant's Testimony Regarding Drug Use