Summary
A 28-year-old lead systems technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant admitted to using marijuana multiple times between 2009 and 2011, tested positive for it while on probation in 2011, and was found in possession of the drug during a traffic stop that same year. He also admitted to using marijuana while holding a security clearance.
Financially, the applicant had several adverse judgments totaling $478, $800, $1,755, $819, and $754, all of which were satisfied in 2014. A public utility collection account for $466 was paid in September 2015, and a telecommunications collection account for $670 was satisfied by April 2016. However, the status of other telecommunications collection accounts for $207 and $1,120, and another collection account for $670, remained unclear. A charged-off account for $7,148 was in repayment, with the applicant initiating payments in September 2016. Additionally, charged-off student loans totaling $2,973 and $12,021 were also in repayment.
Despite some evidence of rehabilitation and stable employment, the judge found that the applicant's admitted illegal drug use while holding a clearance, history of multiple criminal offenses, and over $50,000 in delinquent debts raised ongoing concerns about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to illegal drug use while holding a security clearance.
- He has a history of multiple criminal offenses, including theft and driving violations.
- The applicant has over $50,000 in delinquent debts, raising concerns about his financial responsibility.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedPositive Drug Test
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted
- AG ¶ 31(a)raisedSerious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 26(a)rejectedBehavior Happened Long AgoWhile the applicant's drug use was infrequent and occurred years ago, it was during the time he held a security clearance.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's past drug use while holding a clearance undermines claims of future intent.
- AG ¶ 32(a)rejectedTime Elapsed Since Criminal BehaviorThe applicant's recent criminal conduct raises ongoing concerns.
- AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant's criminal history and financial issues indicate a lack of rehabilitation.
- AG ¶ 20(a)rejectedBehavior Happened Long AgoThe applicant's financial issues are ongoing and significant.
- AG ¶ 20(b)rejectedConditions Beyond ControlThe applicant's financial issues were not shown to be beyond his control.
- AG ¶ 20(c)rejectedReceived CounselingNo evidence of financial counseling was presented.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant did not provide sufficient evidence of good-faith efforts to resolve debts.
- AG ¶ 20(e)rejectedDispute of Legitimacy of DebtThe applicant did not provide evidence disputing the legitimacy of his debts.
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 issuedNov 9, 2015
- Answer filedNov 20, 2015
- Hearing heldOct 13, 2016
- Decision dateMar 22, 2017
Cite For
- Admission of Illegal Drug Use While Holding a Security Clearance Under Guideline H
- Multiple Criminal Offenses Impacting Security Clearance Eligibility Under Guideline J
- Significant Financial Delinquencies Raising Concerns Under Guideline F