Summary
The applicant, a 45-year-old senior manufacturing engineer, faced security clearance denial under Guideline H due to marijuana use approximately 11 times between July 2011 and February 2016 while holding a security clearance. Despite acknowledging her drug involvement and expressing intentions to abstain, the judge found insufficient evidence of understanding her security responsibilities, leading to the denial of her clearance.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The SOR alleges that Applicant used marijuana from July 2011 to February 2016 after being granted a security clearance in August 2006 (SOR ¶ 1.a) (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(f). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant failed to demonstrate an understanding of her security responsibilities regarding drug use; The applicant's marijuana use occurred while holding a security clearance, raising serious doubts about her judgment and reliability; The applicant did not provide a consistent explanation for her repeated drug use despite knowing it was illegal and against her employer's policies.
Why the Applicant Was Denied
- The applicant failed to demonstrate an understanding of her security responsibilities regarding drug use.
- The applicant's marijuana use occurred while holding a security clearance, raising serious doubts about her judgment and reliability.
- The applicant did not provide a consistent explanation for her repeated drug use despite knowing it was illegal and against her employer's policies.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 26(a)rejectedInfrequent Drug Use Unlikely to RecurThe applicant's last use was recent as of her May 2016 SF 86.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Intention to AbstainThe applicant's relationship with her significant other, who may still use marijuana, raises concerns about her commitment to abstinence.
Key Rule Quoted
“The Government must be able to rely on those persons granted security clearance eligibility to fulfill their responsibilities consistent with laws, regulations, and policies, and without regard to their personal interests.”
Procedural Posture
- SOR issuedOct 27, 2017
- Answer filedNov 15, 2017
- Hearing heldMar 21, 2018
- Decision dateAug 2, 2018
Cite For
- Insufficient Understanding of Security Responsibilities Under Guideline H
- Serious Doubts About Judgment and Reliability Due to Drug Use While Holding a Clearance
- The Importance of Compliance with Laws and Regulations for Security Clearance Eligibility