Summary
A 26-year-old college graduate was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of intermittent marijuana use from 1994 to 2005, including three instances after submitting her security clearance application in November 2004.
Specific allegations included using marijuana after executing her application, despite acknowledging its potential impact on her employment and clearance. She also used marijuana after noting on her SF-86 that most of her use occurred during high school and college. Further, she purchased marijuana and could not definitively state she would abstain from future use.
The denial was based on several factors: her use of marijuana after applying for the clearance, which indicated a lack of judgment and reliability; her continued association with individuals who use marijuana, raising concerns about potential coercion; and her failure to present a credible plan for future abstinence. Despite asserting her last use was in February 2005 and her intention to abstain, the judge found insufficient evidence to mitigate the security concerns, leading to the denial of her clearance.
Why the Applicant Was Denied
- Applicant used marijuana after submitting her security clearance application, demonstrating a lack of judgment and reliability.
- Applicant's continued association with individuals who use marijuana raised concerns about her vulnerability to coercion.
- Applicant failed to provide a credible plan to ensure future abstinence from drug use.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, and Distribution
- E2.A5.1.2.5raisedPattern of Rule Violation
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventApplicant's marijuana use was consistent and long-standing.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureApplicant did not provide a clear plan for abstaining from drug use.
- E2.A5.1.3.5rejectedPositive Steps to Reduce Vulnerability to CoercionApplicant continues to associate with marijuana users.
- E2.A5.1.3.7rejectedAssociation with Persons Involved in Criminal Activities Has CeasedApplicant's social circle includes individuals who use marijuana.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedAug 29, 2006
- Answer filedSep 15, 2006
- Hearing heldDec 11, 2006
- Decision dateJan 18, 2007
Cite For
- Denial of Clearance Due to Drug Involvement After Application Submission Under Guideline H
- Lack of Mitigating Evidence for Personal Conduct Issues Under Guideline E
- Importance of Demonstrating a Credible Plan for Future Abstinence From Drug Use.