Summary
A 33-year-old help desk employee was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The applicant failed to file required Federal and state income tax returns for the years 2012 through 2014, resulting in an estimated debt of $14,000. This failure to file and pay taxes raised disqualifying conditions related to financial delinquencies.
Additionally, the applicant admitted to daily illegal marijuana use from February 1999 through November 2014. The applicant also illegally possessed and distributed marijuana in April 2009. These actions raised disqualifying conditions concerning drug involvement, specifically illegal drug use and possession/distribution.
While several mitigating conditions were considered for both financial and drug-related issues, the judge found insufficient evidence to demonstrate rehabilitation or a consistent pattern of abstinence from drug use. The applicant also failed to provide sufficient evidence of mitigation for the financial delinquencies. Consequently, the judge determined the applicant was ineligible for national security access, and the clearance was denied.
Why the applicant was denied
- Applicant failed to file required Federal and state income tax returns for 2012 through 2014, resulting in estimated debts of $14,000.
- Applicant admitted to daily marijuana use from February 1999 until November 2014, raising concerns about reliability and trustworthiness.
- Insufficient evidence was provided to demonstrate rehabilitation or a pattern of abstinence from drug use.
Conditions referenced
- F.1.araisedInability to Satisfy Debts
- F.1.braisedUnwillingness to Satisfy Debts
- F.1.fraisedFailure to File or Fraudulently Filing Income Tax Returns
- H.1.araisedSubstance Misuse
- H.1.craisedIllegal Possession of a Controlled Substance
- F.2.arejectedBehavior Happened so Long Ago or InfrequentlyApplicant's financial issues are ongoing and substantial.
- F.2.brejectedConditions Beyond the Person's ControlNo evidence was provided to show circumstances beyond the applicant's control.
- F.2.crejectedReceived Financial CounselingNo evidence of financial counseling was presented.
- F.2.drejectedGood-faith Effort to Repay DebtsOnly one small payment was made after receiving the FORM.
- F.2.grejectedArrangements with Tax AuthoritiesNo arrangements with tax authorities were demonstrated.
- H.2.arejectedBehavior Unlikely to RecurInsufficient evidence to show that drug use will not recur.
- H.2.brejectedAcknowledgment of Drug Involvement and Actions TakenNo evidence of actions taken to overcome drug issues was provided.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedSep 13, 2016
- Answer filedOct 4, 2016Applicant requested a decision without a hearing.
- Hearing held—Case decided on the written record.
- Decision dateOct 27, 2017
Cite for
- Insufficient Evidence of Financial Responsibility Under Guideline F
- Ongoing Drug Use Concerns Under Guideline H
- Failure to Demonstrate Rehabilitation or Mitigation Efforts for Substance Misuse