Summary
The applicant, a 44-year-old engineer, faced security clearance denial under Guidelines E (personal conduct), F (financial considerations), and H (drug involvement). Despite acknowledging past marijuana use and demonstrating some mitigating factors for drug involvement, the applicant failed to provide sufficient evidence to mitigate financial concerns, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: an unpaid federal tax lien entered in February 2013, for $126,000 (3.a). an unpaid federal tax lien entered in April 2014, for $31,148 (3.b). an unpaid federal tax lien entered in February 2012, for $77,074 (3.c). a corporate judgment against Applicant for $600,000 (3.d). an unpaid judgment entered against Applicant for $3,100 entered in March 2016 (3.e). an unpaid medical judgment entered against Applicant for $1,066 in August 2014 (3.f). Applicant used marijuana with varying frequency from 1994 to at least May 2015 (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant did not provide enough documentary corroborating information about his finances to mitigate security concerns under Guideline F; The applicant's history of marijuana use raised concerns under Guidelines H and E, but these were mitigated to some extent.
Why the Applicant Was Denied
- The applicant did not provide enough documentary corroborating information about his finances to mitigate security concerns under Guideline F.
- The applicant's history of marijuana use raised concerns under Guidelines H and E, but these were mitigated to some extent.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)appliedBehavior Happened Long AgoThe applicant stopped using marijuana in May 2015 and expressed a clear intention to abstain from future use.
- AG ¶ 26(b)appliedAcknowledgment of Drug InvolvementThe applicant acknowledged his past drug use and recognized its adverse impact.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMay 19, 2017
- Answer filedJul 12, 2017
- Hearing heldMay 3, 2018
- Decision dateAug 21, 2018
Cite For
- Mitigating Factors for Drug Involvement Under Guideline H
- Insufficient Financial Documentation Under Guideline F
- Personal Conduct Concerns Related to Illegal Drug Use Under Guideline E