Summary
A 37-year-old systems engineer sought to retain his security clearance, which was challenged under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used marijuana on 10 to 25 occasions from 2008 to June 2013, while holding a security clearance, and also possessed marijuana prior to use. These actions raised disqualifying conditions related to personal conduct and drug involvement.
While the judge found that concerns under Guideline E were mitigated, the concerns under Guideline H were not. The applicant's admitted marijuana use over a five-year period, while holding a security clearance, raised questions about his reliability, trustworthiness, and ability to comply with laws and regulations.
Ultimately, the security clearance was denied. The denial was based on the applicant's repeated marijuana use and his failure to provide sufficient evidence of rehabilitation or a significant period of abstinence from drug use.
Why the Applicant Was Denied
- The applicant used marijuana on 10 to 25 occasions from 2008 to June 2013 while holding a security clearance.
- The applicant's marijuana use raised questions about his reliability, trustworthiness, and ability to comply with laws and regulations.
- The applicant did not provide sufficient evidence of rehabilitation or a significant period of abstinence from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's marijuana use was not sufficiently distant or infrequent to mitigate concerns.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's ongoing friendships with marijuana users raised doubts about his intent to abstain.
- AG ¶ 26(c)notedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness During Which These Drugs Were Prescribed, and Abuse Has Since Ended
- AG ¶ 26(d)notedSatisfactory Completion of a Prescribed Drug Treatment Program
Key Rule Quoted
“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
Procedural Posture
- SOR issuedJul 2, 2015
- Answer filedAug 18, 2015
- Hearing heldJan 12, 2016
- Decision dateJan 19, 2016
Cite For
- Denial of Security Clearance Due to Recent Drug Involvement Under Guideline H
- Mitigation of Personal Conduct Concerns When Related to the Same Conduct as Drug Involvement
- Presumption Against Granting Security Clearance When Concerns Arise Regarding Eligibility