Summary
The applicant, a 27-year-old defense contractor employee, faced security concerns under Guideline H (drug involvement) and Guideline E (personal conduct) due to a history of illegal drug use and falsification of information on security clearance applications. The judge found that the applicant did not mitigate the concerns, leading to a denial of security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant intentionally provided false information about his use and purchase of illegal drugs on his SF 86s from March 2014 and February 2015 (2.a). Applicant used illegal drugs from 2007 to early 2015. He used illegal drugs after he was granted a DOD security clearance in August 2014 (2.b). Applicant's personal conduct, or concealment of information about his conduct, creates a vulnerability to exploitation, manipulation, or duress (2.c). Applicant used illegal drugs from 2007 to early 2015 (1.a). Applicant used marijuana from approximately 2007 to 2012 (1.b). Applicant used LSD in approximately 2012 and 2014 (1.c). Applicant used hallucinogenic mushrooms in approximately 2012, 2014, and 2015 (1.d). Applicant purchased illegal drugs between 2008 and 2012 (1.e). Applicant intentionally provided false information about his use and purchase of illegal drugs on his SF 86s from March 2014 and February 2015 (1.f).
The judge denied the clearance. The government raised disqualifying conditions H.25(a), H.25(c), H.25(g), E.16(a), E.16(e). The judge applied mitigating conditions H.26(a), H.26(b), E.17(a), E.17(e). The decision turned on the following: The applicant used illegal drugs from 2007 to early 2015, including after being granted a security clearance in August 2014; The applicant intentionally failed to report his drug use and purchases on two SF 86 forms, demonstrating a lack of candor; The applicant's overall drug use history and continued association with drug-using individuals raised doubts about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant used illegal drugs from 2007 to early 2015, including after being granted a security clearance in August 2014.
- The applicant intentionally failed to report his drug use and purchases on two SF 86 forms, demonstrating a lack of candor.
- The applicant's overall drug use history and continued association with drug-using individuals raised doubts about his reliability and trustworthiness.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26(a)rejectedBehavior Happened so Long Ago or InfrequentThe applicant's drug use continued until early 2015, and he used drugs while holding a security clearance.
- H.26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not demonstrate an appropriate period of abstinence or that drug use is unlikely to recur.
- E.17(a)appliedPrompt, Good-faith Efforts to Correct OmissionsThe applicant disclosed his drug use during a background interview.
- E.17(e)appliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant confessed to his FSO and manager after receiving the SOR.
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 issuedFeb 8, 2016
- Answer filedMar 10, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateApr 17, 2017
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Lack of Candor in Security Clearance Applications Under Guideline E
- Consideration of the Whole-person Concept in Security Clearance Decisions