Summary
A 27-year-old software developer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana intermittently from 1999 to July 2008. A significant concern was his continued use of marijuana after submitting his security clearance application (SF-86) in May 2008, which raised questions about his judgment, candor, and willingness to comply with regulations.
Disqualifying conditions related to questionable judgment, lack of candor, and drug involvement were raised. While mitigating conditions concerning the passage of time and the applicant's efforts to resolve the underlying issues were considered, they were ultimately insufficient.
The denial was based on the applicant's admitted marijuana use, including after applying for the clearance, and his continued association with a roommate who uses marijuana for medicinal purposes. This living situation undermined his assurances of future abstinence and posed a risk of recurrence, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana intermittently from 1999 to July 2008, including after submitting his security clearance application.
- The applicant's continued association with a roommate who uses marijuana for medicinal purposes raised concerns about his judgment and reliability.
- The applicant's assurances of future abstinence were undermined by his current living situation, which posed risks of recurrence.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- MC ¶ 26(a)appliedThe 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 Judgment
- MC ¶ 26(b)(1)rejectedDisassociation From Drug-using Associates and ContactsThe applicant continued to live with a roommate who uses marijuana.
- MC ¶ 26(b)(2)rejectedChanging or Avoiding the Environment Where Drugs Were UsedThe applicant's current living situation posed risks of recurrence.
Key Rule Quoted
“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedFeb 20, 2009
- Answer filedMar 30, 2009
- Hearing heldJun 25, 2009
- Decision dateSep 10, 2009
Cite For
- Disqualifying Conditions Related to Drug Abuse Under Guideline H
- Issues of Personal Conduct and Reliability Under Guideline E
- Impact of Living with Drug Users on Security Clearance Eligibility