Summary
A 62-year-old defense contractor with a history of security clearance was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed allegations that the applicant used marijuana from August to November 2011 after being granted a security clearance. Additionally, in November 2011, the applicant was arrested for possession of a dangerous drug without a prescription and for driving under the influence (DUI) of drugs. These actions were also cross-alleged as disqualifying personal conduct.
Disqualifying conditions H.25(a), H.25(g), and E.16(e) were raised, while mitigating conditions H.26(a), H.26(b), E.17(c), and E.17(e) were considered.
The denial was based on the applicant's admitted marijuana use while holding a security clearance, which raised concerns about judgment and reliability. The past drug use and DUI conviction were considered serious, casting doubt on current trustworthiness. Crucially, the applicant did not provide sufficient evidence to demonstrate that drug use would not recur, particularly in light of ongoing back pain.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding a security clearance, which raised significant concerns about his judgment and reliability.
- The applicant's past drug use and DUI conviction were deemed serious enough to cast doubt on his current trustworthiness and good judgment.
- The applicant did not provide sufficient evidence to demonstrate a likelihood that his drug use would not recur, especially given his ongoing back pain.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's marijuana use occurred while holding a security clearance and was not infrequent.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's history of drug use and ongoing pain raised doubts about his intent to abstain.
- E.17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's conduct was serious and occurred while he was responsible for safeguarding classified information.
- E.17(e)rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate VulnerabilityThe applicant did not demonstrate sufficient steps to mitigate vulnerabilities related to his drug use.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 7, 2014
- Answer filedDec 15, 2014
- Hearing heldJul 14, 2015
- Decision dateNov 15, 2015
Cite For
- Failure to Mitigate Drug Involvement Under Guideline H
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions