Summary
A 44-year-old engineer was denied a security clearance based on Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged frequent marijuana use from 1991 through 2012, including after receiving a security clearance in November 2003. It further stated that the applicant's marijuana use continued until December 31, 2012, and was not limited to the period following his divorce, indicating insufficient intent to abstain from illegal drugs in the future.
Disqualifying conditions under Guideline H, specifically AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(g), were raised. While mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied, they were not sufficient to overcome the concerns.
The denial was primarily due to the applicant's extensive history of marijuana use, including after being granted a prior clearance. The judge found that the applicant's claims of abstinence lacked specific substantiation, and his stated intent to refrain from future drug use was not given significant weight due to past inconsistencies. Despite positive work performance and character references, the judge concluded there was insufficient evidence of rehabilitation or a firm commitment to abstain from drug use.
Why the Applicant Was Denied
- The applicant had a lengthy history of marijuana use, including usage after being granted a security clearance.
- The applicant's claims of periods of abstinence were not substantiated with specific evidence.
- The applicant's intent to refrain from drug use was not given significant weight due to past inconsistencies.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's marijuana use was frequent and occurred while holding a security clearance.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's current period of abstinence was insufficient to demonstrate intent not to use drugs in the future.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 12, 2016Incorrectly dated as January 12, 2015.
- Answer filedFeb 18, 2016
- Hearing heldJun 9, 2016
- Decision dateMar 27, 2017
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline H
- Lengthy History of Drug Use While Holding a Security Clearance
- The Paramount Consideration of National Security in Clearance Decisions.