Summary
A 53-year-old former Marine Corps lieutenant colonel and current high-level executive was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana in September 2013, ecstasy in June 2006, and marijuana on a few occasions until 2001, all while holding a security clearance and having access to classified information.
Disqualifying conditions H.25(a), H.25(f), and E.16(c) were raised, while mitigating conditions H.26(a), H.26(b), and E.17(c) were considered. The denial was based on the applicant's admitted drug use while holding a security clearance, which raised significant trustworthiness concerns.
The judge found the applicant's claims of misunderstanding his security clearance status lacked credibility given his professional background. Furthermore, the applicant failed to provide sufficient evidence of rehabilitation or a consistent pattern of abstinence from drug use, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana and ecstasy while holding a security clearance, which raised significant trustworthiness concerns.
- The applicant's claims of misunderstanding regarding his security clearance status were not deemed credible given his professional background and experience.
- The applicant did not provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.
Conditions Referenced
- H.25(a)raisedSubstance Misuse
- H.25(f)raisedIllegal Drug Use While Holding a Security Clearance
- E.16(c)raisedCredible Adverse Information
- H.26(a)rejectedBehavior Happened Long Ago or Under Unusual CircumstancesThe applicant's drug use was recent and voluntary, undermining claims of unusual circumstances.
- H.26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions TakenThe applicant did not establish a pattern of abstinence or provide a written statement of intent to abstain.
- E.17(c)rejectedMinor Offense or Time PassedThe applicant's drug use was not considered minor and occurred while he held a security clearance.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 8, 2016
- Answer filedJun 23, 2016
- Hearing heldApr 24, 2017
- Decision dateAug 18, 2017
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Mitigate Personal Conduct Concerns Under Guideline E
- Credibility of Applicant's Claims Regarding Misunderstanding of Security Clearance Status