Summary
A 34-year-old systems engineer was denied a security clearance under Guideline E (Personal Conduct) due to undisclosed past marijuana use and falsification of his security clearance applications. The Statement of Reasons alleged that the applicant deliberately failed to disclose marijuana experimentation between 2005 and 2008 while in college, and also failed to disclose marijuana use while holding a security clearance when completing Section 23 of SCA-2. These omissions were considered deliberate attempts to conceal serious conduct issues, raising doubts about his reliability, trustworthiness, and judgment.
Disqualifying conditions under Adjudicative Guideline (AG) ¶ 16(a) and AG ¶ 16(e) were raised. While mitigating conditions AG ¶ 17(a), AG ¶ 17(c), and AG ¶ 17(d) were applied, they were ultimately deemed insufficient.
The denial was based on the applicant's deliberate omission of relevant drug use from his applications, his marijuana use while holding a security clearance, which raised serious questions about his judgment and reliability, and the determination that his attempts to mitigate these concerns were insufficient and not made in good faith.
Why the Applicant Was Denied
- The applicant deliberately omitted relevant drug use from his security clearance applications.
- His marijuana use while holding a security clearance raised serious questions about his judgment and reliability.
- The applicant's attempts to mitigate the concerns were insufficient and not made in good faith.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's efforts to correct omissions were neither prompt nor made in good faith.
- AG ¶ 17(c)appliedMinor Offense or Unlikely to RecurThe applicant's marijuana use was infrequent and occurred under stressful circumstances.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive Steps TakenThe applicant's recent choice to use marijuana while holding a security clearance weighs against mitigation.
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 11, 2017
- Answer filedJun 6, 2017
- Hearing heldSep 25, 2017
- Decision dateFeb 20, 2017
Cite For
- Deliberate Omission of Drug Use Under Guideline E
- Insufficient Mitigation Efforts Regarding Personal Conduct
- Serious Concerns About Reliability and Trustworthiness Due to Past Conduct