Summary
A 49-year-old company owner and vice president was denied a security clearance under Guideline H (Drug Involvement). The applicant's marijuana use, which began in 1992 and recurred from March 2015 to May 2016, was a primary concern. Notably, this included use after applying for a Department of Defense security clearance and after receiving an interim clearance in November and December 2015.
The Statement of Reasons cited the applicant's recent marijuana use, specifically after receiving an interim clearance, and his continued association with a friend who uses marijuana. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 25 (a) and (f) were raised, while mitigating conditions AG ¶ 26 (a), (b), and (d) were considered.
The denial was based on several factors: the applicant's use of marijuana after applying for a clearance, which raised doubts about his reliability and trustworthiness; inconsistent statements regarding the extent of his drug use, which questioned his truthfulness; and his continued association with known drug users. The judge found insufficient evidence of a changed lifestyle or a clear intent to abstain from drug use.
Why the Applicant Was Denied
- Applicant used marijuana after applying for a DOD security clearance, raising questions about his reliability and trustworthiness.
- Inconsistent statements regarding the extent of marijuana use called into question his truthfulness.
- Continued association with known drug users and lack of evidence for a changed lifestyle contributed to the denial.
Conditions Referenced
- AG ¶ 25 (a)appliedSubstance Misuse
- AG ¶ 25 (f)rejectedIllegal Drug Use While Granted Access to Classified InformationNo evidence of an interim security clearance during the time of marijuana use.
- AG ¶ 26 (a)rejectedBehavior Unlikely to RecurInsufficient evidence to show a change in lifestyle or that future illegal drug use is unlikely to recur.
- AG ¶ 26 (b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItNo evidence of disassociation from drug-using associates or a signed statement of intent to abstain.
- AG ¶ 26 (d)rejectedCompletion of a Drug Treatment ProgramNo participation in drug treatment or counseling was presented.
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance." Department of the Navy v. Egan, 484 U.S. 518, 528 (1988).”
Procedural Posture
- SOR issuedDec 5, 2016
- Answer filedDec 12, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateOct 18, 2017
Cite For
- Denial Based on Recent Illegal Drug Use Under Guideline H
- Insufficient Evidence of Lifestyle Change or Intent to Abstain From Drugs
- Inconsistencies in Applicant's Statements Regarding Drug Use