Summary
A 32-year-old defense contractor was denied security clearance eligibility due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed multiple instances of marijuana use between June 2005 and January 2012, including after being granted security clearance eligibility in September 2003, October 2007, and sensitive compartmented information (SCI) eligibility in June 2008.
Additionally, the applicant was alleged to have falsified responses to two questions regarding illegal drug use on an Electronic Questionnaire for Investigations Processing (e-QIP) dated October 22, 2007. Further personal conduct concerns arose from an incident in August 2010 where the applicant wrongfully hacked into computers.
The judge found that the applicant failed to mitigate these issues. The denial was based on the applicant's marijuana use while holding a security clearance, which raised questions about reliability and trustworthiness, and the unauthorized computer hacking, which further questioned judgment and compliance. Insufficient evidence was presented to assure that such behavior would not recur.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance, which raised significant concerns about reliability and trustworthiness.
- The applicant engaged in unauthorized computer hacking, further questioning his judgment and compliance with rules.
- Insufficient evidence was presented to demonstrate that the applicant would not engage in questionable behavior in the future.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.cappliedCredible Adverse Information in Several Adjudicative Issue Areas
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's last marijuana use occurred about 45 months ago, but the judge found insufficient time had passed to conclude that the applicant had put his drug involvement behind him.
- H.26.brejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureWhile the applicant indicated he had taken steps to avoid drug use, the judge found insufficient evidence to support that these measures would be effective.
- E.17.crejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to RecurThe applicant's conduct was not considered minor and raised significant concerns about his reliability.
- E.17.drejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the BehaviorInsufficient evidence was presented to establish that the applicant's counseling would prevent future questionable behavior.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedFeb 6, 2015
- Answer filedFeb 24, 2015Applicant elected for a decision based on the administrative record.
- Hearing held—No hearing was held.
- Decision dateOct 5, 2015
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Denial of Security Clearance Due to Personal Conduct Issues Under Guideline E
- Insufficient Evidence of Rehabilitation or Mitigation of Security Concerns.