Summary
The applicant, a 42-year-old analyst for a DOD contractor, faced security concerns under Guideline E (personal conduct) and Guideline H (drug involvement) due to illegal drug use, including marijuana and psilocybin mushrooms, after being granted a DOD top secret clearance. The judge found that the applicant did not mitigate the security concerns, as he failed to demonstrate rehabilitation or a change in circumstances, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant has not disclosed his more recent drug use to his spouse, and there is no evidence that he has disclosed any of his drug use to his employer (2.a). Applicant used marijuana approximately 26 times and used psilocybin mushrooms once between September 1993 and October 1994, and again approximately four times between 2008 and July 2009 (1.a). Applicant's illegal drug use occurred on several occasions after having been granted a DOD top secret clearance (1.b).
The judge denied the clearance. The government raised disqualifying conditions H.25(a), H.25(f), E.16(d), E.16(e). The judge applied mitigating conditions H.26(a), H.26(b), E.17(c), E.17(e). The decision turned on the following: The applicant admitted to illegal drug use after being granted a DOD top secret clearance; He did not provide evidence of rehabilitation or changed circumstances after his drug relapse; The applicant's failure to disclose his drug use to his spouse and employer raised concerns about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to illegal drug use after being granted a DOD top secret clearance.
- He did not provide evidence of rehabilitation or changed circumstances after his drug relapse.
- The applicant's failure to disclose his drug use to his spouse and employer raised concerns about his reliability and trustworthiness.
Conditions Referenced
- H.25(a)raisedAny Substance Misuse
- H.25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- 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 occurred after being granted a security clearance, and he did not demonstrate changed circumstances.
- H.26(b)rejectedThe Individual Acknowledges His or Her Drug Involvement and Substance MisuseThe applicant did not provide evidence of actions taken to overcome his drug problem.
- E.17(c)rejectedThe Offense Is so Minor, or Such Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's repeated illegal drug use while possessing a clearance is a serious breach of trust.
- E.17(e)rejectedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to ExploitationThe applicant did not take steps to disclose his drug use or reduce vulnerability.
Key Rule Quoted
“Eligibility for access to classified information is denied.”
Procedural Posture
- SOR issuedDec 4, 2015
- Answer filedFeb 18, 2016Applicant elected a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateJan 4, 2018
Cite For
- Denial of Security Clearance Due to Illegal Drug Use After Clearance Was Granted
- Failure to Demonstrate Rehabilitation or Changed Circumstances
- Impact of Undisclosed Drug Use on Personal Conduct and Trustworthiness