Summary
A 53-year-old software engineer for a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of marijuana use. The applicant admitted to using marijuana approximately 50 times between September 2003 and October 2006, purchasing about $25.00 worth per month during that period.
Crucially, the applicant continued to use marijuana after applying for a DoD security clearance in March 2007. This included approximately five instances between March and July 2007, and about three more instances around November 2007, all while the clearance application was pending. This ongoing use raised significant concerns about the applicant's judgment and compliance with DoD policies.
The denial was based on the applicant's admitted drug use, which continued even after applying for a clearance and close to the issuance of the Statement of Reasons. The applicant failed to provide evidence of rehabilitation or a commitment to abstain from drug use, thus not mitigating the security concerns regarding reliability and trustworthiness. The applicant was also deemed disqualified under Public Law 110-181 (the Bond Amendment).
Why the Applicant Was Denied
- The applicant admitted to using marijuana approximately 50 times from September 2003 to October 2006 and continued usage even after applying for a security clearance in March 2007.
- The applicant's drug use raised security concerns regarding reliability and trustworthiness, particularly due to ongoing use close to the issuance of the Statement of Reasons (SOR).
- The applicant provided no evidence of rehabilitation or commitment to abstain from drug use, failing to mitigate the concerns raised by his conduct.
Conditions Referenced
- DC ¶ 25(a)appliedAny Drug Abuse
- DC ¶ 25(c)appliedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(h)appliedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
Key Rule Quoted
“The Government has established a prima facie case for applying the Bond Amendment’s drug user prohibitions to Applicant’s case specific circumstances.”
Procedural Posture
- SOR issuedJul 25, 2008
- Answer filedAug 27, 2008Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateDec 30, 2008
Cite For
- Application of the Bond Amendment to Security Clearance Determinations
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Consideration of Personal Conduct Issues Under Guideline E in Conjunction with Drug Use Concerns.