Summary
A 33-year-old research engineer was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from his admitted, extensive history of illegal drug use, specifically marijuana and ecstasy, spanning a ten-year period from 1999 to 2009. He not only used but also purchased these substances.
Key issues included his statement to an OPM investigator in 2009 that he intended to continue using marijuana, despite later claiming no future intent. Although he reported brief periods of abstinence, such as during a one-year probation, he consistently returned to marijuana use because he enjoyed it. His drug use continued until at least June 2009.
The judge found that the applicant's admissions and recent drug use raised significant doubts about his reliability and trustworthiness. His statements indicated a lack of commitment to discontinue illegal drug use, undermining his credibility and demonstrating a pattern of behavior that raised security concerns. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to using illegal drugs, including marijuana and ecstasy, which raised concerns about his reliability and trustworthiness.
- The applicant's statements indicated a lack of commitment to discontinue illegal drug use, undermining his credibility.
- The applicant's drug use continued up to June 2009, demonstrating a pattern of behavior that raises security concerns.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- H.25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- E.16(e)raisedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- E.16(g)raisedAssociation with Persons Involved in Criminal Activity
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an Applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedDec 11, 2009
- Answer filedDec 28, 2009Applicant admitted all allegations under Guideline H.
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateMar 31, 2010
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Lack of Commitment to Discontinue Illegal Drug Use as a Disqualifying Factor
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E