Summary
The applicant, a 38-year-old engineer with a DOD secret clearance, was denied security clearance due to drug involvement and personal conduct issues. He used marijuana until his arrest for DUI in January 2014 and was found to have falsified his security clearance applications regarding drug use. The judge noted the applicant's lack of candor and the seriousness of his drug-related conduct as key factors in the denial.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Under Guideline E, Applicant is alleged to have falsified his August 2001 security clearance application (SF 86) by responding negatively to an inquiry about any use of illegal drugs or drug activity in the last seven years (SOR ¶ 2.b) (2.b). Applicant is also alleged to have falsified his February 2012 Electronic Questionnaire for Investigations Processing (e-QIP) by responding “No” to inquiries concerning any illegal use of a drug or controlled substance in the last seven years (SOR ¶ 2.c) (2.c). and any illegal use or involvement with a drug or controlled substance while possessing a security clearance (SOR ¶ 2.d) (2.d). used marijuana on various occasions between the late 1990s and January 2014 (1.a). used marijuana after being granted a DOD clearance in April 2002 (1.b). was arrested in January 2014 for possession of a controlled substance (marijuana) and operating under the influence of drugs (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f). The decision turned on the following: The applicant lacked candor regarding his illegal drug involvement on two security clearance applications; The applicant's drug use continued until his arrest for DUI in January 2014, raising concerns about reliability and trustworthiness; The applicant admitted to falsifying his security clearance applications, which undermined his credibility.
Why the Applicant Was Denied
- The applicant lacked candor regarding his illegal drug involvement on two security clearance applications.
- The applicant's drug use continued until his arrest for DUI in January 2014, raising concerns about reliability and trustworthiness.
- The applicant admitted to falsifying his security clearance applications, which undermined his credibility.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
Key Rule Quoted
“The illegal use of controlled substances...can raise questions about an individual’s reliability and trustworthiness.”
Procedural Posture
- SOR issuedMay 31, 2016
- Answer filedAug 11, 2016
- Hearing heldNov 30, 2016
- Decision dateJul 5, 2017Decision issued after the new AGs were established.
Cite For
- Lack of Candor in Security Clearance Applications Under Guideline E
- Drug Involvement Concerns Under Guideline H
- Impact of Past Drug Use on Security Clearance Eligibility