Summary
A 47-year-old employee of a Department of Defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to illegal marijuana use and unauthorized use of copyrighted software.
Specifically, the applicant used marijuana recreationally in July 2006, July 2011, and April 2015, and possessed it in conjunction with his use. Additionally, between 2006 and 2015, he circumvented Apple’s copyright protections to use a proprietary operating system on a non-Apple computer and admitted to violating the Digital Millennium Copyright Act by downloading movie DVDs and music.
The denial was based on the applicant's admitted illegal marijuana use, including instances after being granted a security clearance, and his statement indicating a possibility of future use, which raised concerns about his reliability and trustworthiness. His unauthorized use of copyrighted software further demonstrated a lack of compliance with laws and regulations.
Why the Applicant Was Denied
- The applicant admitted to using marijuana illegally on multiple occasions, including after being granted a security clearance.
- The applicant's statement indicating a possibility of future marijuana use raised concerns about his reliability and trustworthiness.
- The applicant's unauthorized use of copyrighted software demonstrated a lack of compliance with laws and regulations.
Conditions Referenced
- AG ¶ 25(a)appliedAny Drug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession
- AG ¶ 25(g)appliedAny Illegal Drug Abuse After Being Granted a Security Clearance
- AG ¶ 16(c)appliedCredible Adverse Information
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's last illegal drug use occurred in April 2015, which is considered recent.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not demonstrate a clear intent to refrain from future drug use.
- AG ¶ 17(c)rejectedThe Offense Is so Minor or Infrequent That It Is Unlikely to RecurThe applicant's conduct was not considered minor and occurred multiple times.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedMay 22, 2016
- Answer filedAug 11, 2016Requested decision on written record.
- Hearing heldJun 1, 2017Assigned to judge.
- Decision dateJun 6, 2017
Cite For
- Security Concerns Related to Illegal Drug Use Under Guideline H
- Impact of Personal Conduct Violations on Security Clearance Eligibility
- Consideration of Applicant's Statements Regarding Future Drug Use Intentions