Summary
A 59-year-old engineering associate was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant used marijuana while holding a security clearance, purchased it three times, and was subsequently arrested for possession. These actions raised disqualifying conditions related to illegal drug use and personal conduct.
Specifically, the applicant did not disclose his marijuana use to his facility security officer until after his arrest. The judge determined that this drug use, coupled with the failure to disclose it, reflected poor judgment and a disregard for laws and regulations.
Despite some mitigating conditions being considered, the applicant failed to establish a pattern of abstinence or provide credible evidence of rehabilitation following his drug use. Consequently, the judge found that the applicant's actions presented significant security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance, which raised significant security concerns.
- The applicant's arrest for possession of marijuana demonstrated a disregard for the law and regulations.
- The applicant failed to establish a pattern of abstinence or provide credible evidence of rehabilitation after his drug use.
Conditions Referenced
- H.25(a)raisedSubstance Misuse
- H.25(c)raisedIllegal Possession of a Controlled Substance
- H.25(f)raisedIllegal Use While Granted Access to Classified Information
- E.16(c)raisedCredible Adverse Information
- H.26(a)rejectedBehavior Unlikely to RecurThe applicant's drug use occurred after he was granted a security clearance and continued until his arrest.
- H.26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItThe applicant did not provide sufficient evidence of actions taken to mitigate his drug use.
- E.17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's drug use was not considered a minor lapse in judgment but a pattern of behavior.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedSep 8, 2017
- Answer filedOct 10, 2017Requested decision on the record without a hearing.
- Hearing held—No hearing; decision made on the record.
- Decision dateApr 25, 2018
Cite For
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Disqualifying Conditions Under Guideline E for Personal Conduct
- The Importance of Full Disclosure of Drug Use in Security Clearance Applications.