Summary
A 57-year-old defense contractor employee was denied continued eligibility for a security clearance under Guidelines E (Personal Conduct) and H (Drug Involvement). The applicant admitted to a history of marijuana use, including while holding a security clearance, and intentionally falsified his 2003 and 2014 security clearance applications (SF 86s) by failing to report this use.
The Statement of Reasons specifically alleged that the applicant smoked marijuana while holding a security clearance, reflecting questionable judgment and an unwillingness to comply with regulations, and that he intentionally falsified his applications. Disqualifying conditions under both guidelines were raised, including engaging in illegal drug use and deliberately concealing relevant facts.
While some mitigating conditions were considered, the judge ultimately found that the applicant did not sufficiently mitigate the security concerns. The denial was based on the intentional falsification of his applications, his history of illegal drug use while holding a clearance, which raised doubts about his reliability, and the unsustained nature of his past attempts to quit marijuana.
Why the Applicant Was Denied
- The applicant intentionally falsified his security clearance applications regarding marijuana use.
- The applicant's history of illegal drug use while holding a security clearance raised significant concerns about his reliability and trustworthiness.
- The applicant's previous attempts to quit marijuana were not sustained, casting doubt on his current intentions.
Conditions Referenced
- H.25(a)raisedAny Substance Misuse
- H.25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome the ProblemThe applicant acknowledged his drug use but did not establish a pattern of abstinence.
- E.17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's disclosure during the background interview was not considered prompt.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedOct 3, 2016
- Answer filedOct 26, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateOct 4, 2017
Cite For
- Denial of Security Clearance Due to Falsification of Security Clearance Applications
- Impact of Illegal Drug Use on Security Clearance Eligibility
- Failure to Establish a Pattern of Abstinence From Drug Use as a Mitigating Factor