Summary
A 25-year-old program analyst was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse). The applicant had a history of illegal drug use, including marijuana from 2008 to 2015, Ecstasy from 2001 to 2015, and cocaine from 2011 to 2015. Additionally, the applicant was charged with marijuana possession and drug paraphernalia in October 2011, sold prescription medication from 2013 to 2015, and used unprescribed Xanax in May 2016.
Beyond drug involvement, the applicant faced significant personal conduct issues. These included theft at a University Bookstore in May 2012, resulting in disciplinary action, and repeated shoplifting from 2012 to August 2016. The applicant also demonstrated dishonesty by lying to campus police regarding these incidents and failing to disclose the shoplifting on her security clearance application.
While the applicant successfully mitigated the concerns related to drug involvement, the judge found the personal conduct issues, specifically the history of dishonesty and repeated theft, to be unmitigated and severe enough to warrant denial of the security clearance.
Why the Applicant Prevailed
- The applicant mitigated security concerns under Guideline H by demonstrating a significant period of abstinence from drug use and a change in lifestyle.
- The applicant provided a signed statement of intent to abstain from illegal drug use and acknowledged past mistakes.
Conditions Referenced
- E2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E2.braisedDeliberately Providing False or Misleading Information
- E2.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- H25.aappliedAny Substance Misuse
- H25.cappliedIllegal Possession of a Controlled Substance
- H26.aappliedThe Behavior Happened so Long Ago
- H26.bappliedAcknowledgment of Drug Involvement and Actions Taken to Overcome the Problem
- E2.arejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not make prompt efforts to disclose her shoplifting history.
- E2.brejectedRefusal or Failure to Cooperate Caused by Advice of Legal CounselNo evidence was presented that the applicant's omissions were due to legal advice.
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 issuedMay 1, 2017
- Answer filedMay 13, 2017
- Hearing heldMay 31, 2018
- Decision dateJun 22, 2018
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Importance of Candor in Security Clearance Applications