Summary
A 27-year-old systems engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to using marijuana on multiple occasions in 2014, after having been granted a security clearance in 2013. Specifically, he used marijuana, an illegal substance, between May 2014 and September or October 2014.
Disqualifying conditions were raised, including AG ¶ 16(c), AG ¶ 25(a), AG ¶ 25(f), AG ¶ 31(a), and AG ¶ 31(b). While mitigating conditions such as AG ¶ 26(b), AG ¶ 32(a), AG ¶ 32(d), AG ¶ 17(c), and AG ¶ 17(d) were applied, they were not sufficient to overcome the security concerns.
The denial was based on the finding that the applicant knowingly used marijuana while holding a security clearance, which constituted a breach of trust. His explanations for the drug use were not deemed sufficient to mitigate the personal conduct concerns, and his past illegal drug use raised questions about his reliability and trustworthiness, despite nearly four years of abstinence and positive lifestyle changes.
Why the Applicant Was Denied
- The applicant knowingly used marijuana while holding a security clearance, which constituted a breach of trust.
- The applicant's explanations for his drug use were not deemed sufficient to mitigate the personal conduct concerns.
- The applicant's past illegal drug use raised questions about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 31(a)raisedA Pattern of Minor Offenses
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Evidence of Actions to Overcome This Problem
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)rejectedBehavior Unlikely to Recur
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive Steps Taken
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 9, 2016
- Answer filedNov 11, 2016
- Hearing heldJun 27, 2017
- Decision dateMar 19, 2018
Cite For
- Breach of Trust Due to Drug Use While Holding a Security Clearance Under Guideline E
- Consideration of Personal Conduct in Relation to Drug Involvement and Criminal Conduct
- Importance of Demonstrating Successful Rehabilitation and Abstinence Over Time.