Summary
A 31-year-old engineer with an existing security clearance was denied a new clearance based on Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used and possessed marijuana on approximately ten occasions between May 2009 and January 2015, including periods while holding a security clearance.
The denial was primarily due to the applicant's marijuana use while holding a security clearance, which constituted a violation of federal law and company policy. Although the applicant expressed remorse and a commitment to abstain from illegal drug use, the judge determined that the recent timeframe of the drug use raised concerns about reliability and trustworthiness.
Despite the application of several mitigating conditions related to drug involvement, the applicant did not demonstrate a sufficient track record of abstention from illegal drug use to alleviate security concerns. Consequently, the application for a security clearance was denied.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance, violating federal law and company policy.
- The applicant's marijuana use occurred within a recent timeframe, raising concerns about reliability and trustworthiness.
- The applicant did not demonstrate a sufficient track record of abstention from illegal drug use to mitigate security concerns.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- 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 marijuana use occurred while holding a security clearance and was not infrequent enough to mitigate concerns.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide sufficient evidence of a long-term commitment to abstain from drug use.
- H.26(c)notedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness During Which These Drugs Were Prescribed
- H.26(d)notedSatisfactory Completion of a Prescribed Drug Treatment Program
Key Rule Quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedApr 12, 2016
- Answer filedMay 6, 2016
- Hearing heldSep 21, 2016
- Decision dateSep 29, 2016
Cite For
- Denial of Security Clearance Due to Recent Drug Involvement
- Impact of Illegal Drug Use on Security Clearance Eligibility
- Consideration of Personal Conduct in Conjunction with Drug Involvement Concerns