Summary
The applicant, a 42-year-old electrician with a history of drug use and financial issues, faced security clearance denial under Guidelines E, F, and H. The judge found that the applicant's recent drug use, failure to disclose past drug charges, and unresolved financial obligations raised significant security concerns. Despite some mitigating factors, the applicant's overall conduct did not demonstrate sufficient reliability or trustworthiness for clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Falsified his June 2005 SCA by stating that he used drugs from January 1997 through March 2000, when in fact he used drugs from January 1997 through June 2005 (2.a). Falsified his March 2015 SCA by failing to disclose that he was charged with marijuana possession in May 1997 and March 2000 (2.b). two delinquent medical bills for $315 and $226 (3.a). two delinquent medical bills for $315 and $226 (3.b). a credit-card account charged off for $2,550 (3.c). a home mortgage loan past due for $2,260 (3.d). a car loan past due for $4,468 (3.e). a judgment for $3,263 in unpaid bridge tolls (3.f). a judgment for $2,975 for a delinquent car loan (3.g). a judgment for $135 medical bill (3.h). a cellphone bill for $1,842 (3.i). a telecommunications bill for $522 (3.j). The SOR alleges that Applicant used marijuana with varying frequency from about June 1994 to about January 2015 (1.a). He was charged with possession of marijuana in about May 1997 (1.b). He was charged with possession of marijuana in about March 2000 (1.c). He used marijuana after he was granted a security clearance in December 2006 (1.d). He tested positive for marijuana in a January 2015 urinalysis (1.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(b), AG ¶ 25(c), AG ¶ 25(g), AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 26(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant tested positive for marijuana in January 2015 after a history of drug use; The applicant failed to disclose past drug charges and a conviction on his security clearance applications; The applicant has numerous unresolved financial debts, indicating a lack of financial responsibility.
Why the Applicant Was Denied
- The applicant tested positive for marijuana in January 2015 after a history of drug use.
- The applicant failed to disclose past drug charges and a conviction on his security clearance applications.
- The applicant has numerous unresolved financial debts, indicating a lack of financial responsibility.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedPositive Drug Test
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 26(b)appliedIntent Not to Abuse Drugs
- AG ¶ 20(c)rejectedCounseling for Financial ProblemsThe applicant has just begun making payments under his bankruptcy plan, and it is too soon to determine whether his financial problems are under control.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay CreditorsThe applicant did not file his bankruptcy petition until he received the SOR, indicating a lack of proactive effort.
Key Rule Quoted
“"Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG."”
Procedural Posture
- SOR issuedJul 1, 2016
- Answer filedJul 15, 2016
- Hearing heldNov 15, 2016
- Decision dateJan 24, 2017
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Disqualifying Conditions Related to Personal Conduct Under Guideline E
- Disqualifying Conditions Related to Financial Considerations Under Guideline F