Summary
A 64-year-old consultant for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a long history of illegal marijuana use, spanning over 35 years, with use reported as recently as January 2016. This history included both using and purchasing marijuana between 1970 and April 2015, and between 1970 and December 2014, respectively.
The Statement of Reasons highlighted the applicant's knowing and willful disregard of laws and DOD policies regarding marijuana use, indicating poor judgment and reliability. Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 15.
Despite a negative drug test and a written statement of intent to abstain from future drug use, the judge found these actions insufficient to mitigate the security concerns. Mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 17(c), and AG ¶ 17(d) were considered but ultimately not applied. The extensive history of drug involvement and demonstrated poor judgment led to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant has a long history of illegal drug use, specifically marijuana, which he continued to use as recently as January 2016.
- The applicant's intent to abstain from drug use was deemed insufficient to mitigate the security concerns due to his extensive history of drug involvement.
- The applicant's personal conduct demonstrated poor judgment and a disregard for laws and DOD policies, raising doubts about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 15raisedConduct Involving Questionable Judgment
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago or InfrequentlyThe applicant's long-term and recent drug use does not support this mitigating condition.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's recent drug use and lack of significant change in environment precluded application of this mitigating condition.
- AG ¶ 17(c)rejectedOffense Is Minor or Unlikely to RecurThe applicant's extensive history of drug use does not support this mitigating condition.
- AG ¶ 17(d)rejectedAcknowledgment of Behavior and Positive Steps TakenThe applicant's acknowledgment of drug use was insufficient to mitigate the concerns.
Key Rule Quoted
“A security clearance decision is intended only to resolve 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 issuedJan 31, 2016
- Answer filed—
- Hearing heldJun 27, 2016
- Decision dateOct 14, 2016
Cite For
- Denial of Security Clearance Due to Long-term Illegal Drug Use Under Guideline H
- Impact of Personal Conduct on Security Clearance Under Guideline E
- Insufficiency of Intent to Abstain From Drug Use as a Mitigating Factor