Summary
A 31-year-old mechanical engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history of marijuana use, including continued use after expressing an intent to abstain, was central to the decision.
Specific allegations included providing false or misleading information, failing to provide truthful answers during the security clearance process, and engaging in conduct that raised questions about his reliability and trustworthiness. The applicant's actions were also cited as demonstrating questionable judgment, a lack of candor, and creating a vulnerability to exploitation. While the applicant self-disclosed past marijuana use prior to a June 2007 interview, he admitted to using marijuana in September 2007 and on multiple occasions after being granted a security clearance.
The denial was based on the applicant's admitted marijuana use after receiving a clearance, his failure to adhere to his stated intent to stop drug use, and his continued use after self-reporting and signing a no-drug-use agreement. These actions indicated a lack of commitment to compliance with regulations, ultimately leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to using marijuana on multiple occasions after being granted a security clearance.
- The applicant's failure to follow through on his expressed intent to refrain from illegal drug use raised questions about his reliability and trustworthiness.
- The applicant's continued marijuana use after self-reporting and signing a no-drug-use agreement indicated a lack of commitment to compliance with rules and regulations.
Conditions referenced
- H DC 25(a)appliedAny Drug Abuse
- H DC 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
- H DC 25(h)appliedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- E DC 16(b)raisedDeliberately Providing False or Misleading Information
- E DC 16(e)appliedConcealment of Information That Creates Vulnerability to Exploitation
- E DC 16(f)appliedViolation of a Written or Recorded Commitment Made by the Individual to the Employer
- H MC 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- H MC 26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the Future
- E MC 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- E MC 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedApr 30, 2009
- Answer filedMay 9, 2009Requested decision on written record.
- Hearing heldAug 19, 2009Case assigned to judge.
- Decision dateSep 11, 2009
Cite for
- Denial of Security Clearance Due to Ongoing Drug Involvement
- Impact of Self-reported Drug Use on Security Clearance Eligibility
- Consideration of Expressed Intent to Abstain From Drug Use in Security Clearance Decisions