Summary
A 49-year-old federal employee with a long history of service and a top-secret security clearance was denied a security clearance under Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant smoked marijuana at parties to be social between approximately August 2010 and March 2013, claiming use "at most once every other year." These allegations also noted that the applicant used marijuana on more than one occasion over several years while maintaining a security clearance for over two decades.
Disqualifying conditions under Guideline H were raised, specifically concerning drug involvement, illegal drug use, and the failure to follow security rules. While mitigating conditions were applied, acknowledging the infrequent nature of the use and the passage of time, they were insufficient to overcome the security concerns.
The denial was based on the applicant's admitted marijuana use between 2010 and 2013 while holding a security clearance. The judge determined that this use, occurring during a period of significant responsibility, did not demonstrate a clear intent to abstain from future drug use. The absence of a signed statement of intent to avoid future drug use further contributed to the decision, leading to the denial of the applicant's security clearance due to questions about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to using marijuana multiple times between 2010 and 2013 while holding a security clearance.
- The judge found that the applicant's marijuana use occurred during a period of significant responsibility and did not demonstrate a clear intent to abstain from drug use in the future.
- The applicant did not provide a signed statement of intent to avoid future drug use, which contributed to the decision.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted
- AG ¶ 26(a)rejectedBehavior Occurred Long Ago or InfrequentlyThe applicant's marijuana use was not infrequent and occurred over several years.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant did not provide a signed statement of intent to avoid future drug use.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedJul 10, 2016
- Answer filedAug 1, 2016
- Hearing heldN/AApplicant requested a decision on the record without a hearing.
- Decision dateMay 31, 2017
Cite For
- Disqualifying Conditions Under Guideline H Due to Drug Involvement
- Rejection of Mitigating Conditions Related to Past Drug Use
- Burden of Proof on Applicant to Demonstrate Eligibility for Security Clearance