Summary
A 39-year-old government contractor and former Marine Corps service member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history included marijuana use in 2001 while holding a security clearance, ecstasy use in July 2009 and July 2010, and consumption of alcohol infused with the active chemical in marijuana in December 2011.
A significant concern was the applicant's intentional omission of his 2001 drug use on his 2005 security clearance application. This act of falsification, coupled with the pattern of illegal drug use, raised questions about his candor and judgment.
Despite the application of several mitigating conditions, the judge determined that the applicant failed to demonstrate sufficient rehabilitation or a likelihood of future compliance with laws and regulations. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance in 2001 and failed to disclose this on his 2005 application.
- He used ecstasy in 2009 and 2010 and consumed THC-infused alcohol in 2011, demonstrating a pattern of illegal drug use.
- The applicant's intentional omission of his drug use on his security clearance application indicated a lack of candor and poor judgment.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(g)raisedAny Illegal Use After Being Granted a Security Clearance
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- 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 drug use was not infrequent and occurred over several years.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureWhile the applicant expressed intent not to use drugs, the judge was not confident he would comply based on past behavior.
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's disclosure was not prompt or timely, as he concealed his drug use for years.
- E.17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's drug use was significant and occurred while he held a security clearance.
- E.17(d)rejectedAcknowledged the Behavior and Obtained CounselingThe applicant did not demonstrate rehabilitation or counseling.
- E.17(e)rejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant did not provide evidence of steps taken to mitigate vulnerabilities.
Key Rule Quoted
“Eligibility for access to classified information is denied.”
Procedural Posture
- SOR issuedOct 16, 2014
- Answer filedOct 28, 2014
- Hearing heldApr 22, 2015
- Decision dateJun 18, 2015
Cite For
- Denial of Security Clearance Due to Drug Involvement and Personal Conduct Issues
- Importance of Full Disclosure in Security Clearance Applications
- Impact of Past Illegal Drug Use on Security Clearance Eligibility