Summary
A 34-year-old system tester was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant's history included illegal drug use from 2003 to 2013, encompassing three criminal incidents. Specifically, he used marijuana periodically, received non-judicial punishment for wrongful controlled substance use in the Navy, and faced arrests and charges for misdemeanor possession of drug paraphernalia and marijuana in 2005 and 2006.
Additionally, the applicant failed to file state income tax returns on a timely basis for tax years 2010, 2011, and 2014. While some allegations were decided in the applicant's favor, the judge found insufficient evidence to mitigate the security concerns related to his drug involvement and financial conduct.
The denial was based on the applicant's failure to present sufficient evidence of rehabilitation from illegal drug involvement and ongoing concerns about his reliability and trustworthiness due to the unfiled tax returns. The judge concluded that these issues indicated poor judgment, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant did not present sufficient evidence to mitigate security concerns stemming from illegal drug involvement.
- The applicant failed to file state income tax returns on a timely basis for multiple years, indicating poor judgment and reliability issues.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required or the Fraudulent Filing of the Same
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's equivocation regarding future marijuana use undermined his claim of intent not to abuse drugs.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant's ongoing tax issues and lack of timely resolution indicated unresolved financial problems.
Key Rule Quoted
“"The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJun 22, 2016
- Answer filedJul 11, 2016
- Hearing heldNov 9, 2016
- Decision dateApr 19, 2017
Cite For
- Denial Based on Illegal Drug Involvement Under Guideline H
- Denial Based on Failure to Meet Financial Obligations Under Guideline F
- Importance of Demonstrating Intent Not to Abuse Drugs in Future for Mitigation Under Guideline H