Summary
The applicant, a 33-year-old cost analyst for a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of marijuana use and falsification of security clearance applications. Despite admitting to past drug use and expressing remorse, the judge found that the applicant failed to mitigate the concerns, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: On November 17, 2006, Applicant signed his SF 86... Applicant’s response to Section 24a on his November 17, 2006 SF 86 was deliberately false (2.a). Applicant used marijuana twice in December 2006 after his security clearance was granted (2.b). On November 17, 2006, Applicant submitted his application for a security clearance... Two days later, Applicant was arrested for DUI (2.c). On February 10, 2007, Applicant received a citation for walking his dog without having it on a leash (2.d). On February 12, 2007, an Office of Personnel Management (OPM) investigator questioned Applicant about his marijuana use... Applicant falsely stated that his most recent marijuana use was in early 2006 (2.e). On November 1, 2007, in response to two DOHA interrogatories about his most recent marijuana use, Applicant said he, 'used experimentally in college,' and it had been 'years, can't remember' since his last marijuana use (2.f). From about 1993 to about 1998, Applicant sometimes used marijuana on a weekly basis and at other times, it was every few months (1.a). About four or five months after leaving the Marines (around November 2003), he started using marijuana again. He used marijuana about every three months for the next three years for a total of about 12 times (time period: November 2003 to December 2006) (1.b). On August 18, 1995, Applicant was charged with marijuana possession (1.c). He was convicted of marijuana possession and fined $1,000 (1.d). He purchased marijuana on several occasions with his friends (1.e). On November 17, 2006, Applicant signed his SF 86 and responded, 'No' to Section 24a, which asks: Your Use of Illegal Drugs and Drug Activity—Illegal Use of Drugs (2.a). Applicant used marijuana twice in December 2006 after his security clearance was granted (2.b). On November 19, 2006, Applicant was arrested for DUI (2.c). On February 10, 2007, Applicant received a citation for walking his dog without having it on a leash (2.d). Applicant did not accurately disclose his most recent marijuana use to the OPM investigator (2.e). On November 1, 2007, in response to two DOHA interrogatories about his most recent marijuana use, Applicant said he, 'used experimentally in college,' and it had been 'years, can't remember' since his last marijuana use (2.f).
The judge denied the clearance. The government raised disqualifying conditions H.25.a, H.25.b, H.25.c, H.25.g, E.2.a. The judge applied mitigating conditions H.26.a, H.26.b. The decision turned on the following: The applicant had an extensive history of marijuana use and failed to disclose it fully during the security clearance process; He used marijuana twice after his security clearance was granted, demonstrating a lack of reliability and trustworthiness; The applicant's admissions and expressions of remorse were insufficient to mitigate the security concerns.
Why the Applicant Was Denied
- The applicant had an extensive history of marijuana use and failed to disclose it fully during the security clearance process.
- He used marijuana twice after his security clearance was granted, demonstrating a lack of reliability and trustworthiness.
- The applicant's admissions and expressions of remorse were insufficient to mitigate the security concerns.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.braisedTesting Positive for Illegal Drug Use
- H.25.craisedIllegal Drug Possession or Sale or Distribution
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.2.araisedFalsification of Security Clearance Applications
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use was not sufficiently distant or infrequent to mitigate concerns.
- H.26.brejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's assurances were not deemed credible given his recent drug use.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the Applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedNov 10, 2008
- Answer filedNov 10, 2008
- Hearing heldApr 16, 2009
- Decision dateApr 29, 2009
Cite For
- Denial of Security Clearance Due to Falsification of Application Under Guideline E
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Insufficient Mitigation of Drug Use Concerns Despite Expressions of Remorse