Summary
The applicant, a 32-year-old defense contractor employee, faced security concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct) due to his marijuana use while holding a security clearance. Despite acknowledging his past drug use and signing a statement of intent to abstain, the judge found that the applicant's conduct raised significant questions about his reliability and trustworthiness, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant used marijuana with varying frequency, at most 'three times a week,' from about January of 2007 until his last usage in about November of 2014, after having been granted a security clearance in about February of 2007 (1.a). Applicant was truthful when he answered Question 27 as to illegal drug usage on his May 2006 SF-86 (1.b). Applicant used marijuana with varying frequency, at most 'three times a week,' from about January of 2007 until his last usage in about November of 2014 (1.a). Applicant used marijuana after having been granted a security clearance in about February of 2007 (1.b).
The judge denied the clearance. The government raised disqualifying conditions H.25(a), H.25(f), E.16(d). The judge applied mitigating conditions H.26(a), H.26(b), E.17(c), E.17(d). The decision turned on the following: Applicant used marijuana while holding a security clearance, which raised questions about his reliability and trustworthiness; The applicant's acknowledgment of past drug use did not sufficiently mitigate the security concerns; The applicant's conduct was deemed not minor and raised doubts about his current reliability.
Why the Applicant Was Denied
- Applicant used marijuana while holding a security clearance, which raised questions about his reliability and trustworthiness.
- The applicant's acknowledgment of past drug use did not sufficiently mitigate the security concerns.
- The applicant's conduct was deemed not minor and raised doubts about his current reliability.
Conditions Referenced
- H.25(a)appliedSubstance Misuse
- H.25(f)appliedIllegal Drug Use While Holding a Security Clearance
- E.16(d)appliedCredible Adverse Information
- H.26(a)rejectedBehavior Unlikely to RecurThe applicant's marijuana use occurred after he was granted a security clearance.
- H.26(b)rejectedAcknowledgment and Evidence of Actions TakenWhile the applicant acknowledged his drug use, it did not mitigate the concerns due to the timing of the usage.
- E.17(c)rejectedMinor Offense or Unlikely to RecurThe judge found the applicant's drug use not to be a minor offense.
- E.17(d)rejectedAcknowledgment and CounselingThe applicant's acknowledgment did not alleviate the concerns due to the nature of his conduct.
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 issuedJul 26, 2017
- Answer filedAug 21, 2017
- Hearing heldJan 9, 2018
- Decision dateNov 19, 2018
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- The Importance of Reliability and Trustworthiness in Security Clearance Determinations