Summary
The applicant, a 26-year-old aerospace engineer, sought a security clearance but was denied due to a history of illegal drug use and questionable judgment. Despite mitigating factors under Guidelines E and B, the applicant's drug involvement under Guideline H was deemed a significant security risk, leading to the denial of his clearance.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (3.a). The Government alleges that the Applicant is ineligible for clearance because he has engaged in conduct involving questionable judgment, lack of candor, dishonesty, or an unwillingness to comply with rules and regulations (2.a). The Applicant completed a security clearance application dated July 3, 2008. Question 24(a) asked him if since the age of 16 or in the last 7 years, whichever is shorter, had he illegally used any controlled substance. The Applicant responded, “Yes,” and listed marijuana, and the dates of September 2003 and February 2008. The Applicant explained that he did not list cocaine on his security clearance application because he does not believe he has used it as described above (2.b). The Applicant used marijuana in total about 100 times and cocaine at least once, between the period from 1996 to June 2009 (1.a). The Applicant started using marijuana at the young age of thirteen, and used it four or five times through high school (1.b). Beginning in his second year of college, he started using marijuana on a weekly basis. He continued to use it weekly until about 2005 (1.c). The Applicant used cocaine on one occasion in March 2007, while on vacation in Mexico (1.d). Despite knowing that his use of marijuana is illegal, against company policy and against DoD regulation, he made the choice to use marijuana again in June 2009 (1.e).
The judge denied the clearance. The government raised disqualifying conditions H.25(a), H.25(c). The decision turned on the following: The applicant has a history of illegal drug use, including marijuana and cocaine, which raises questions about his reliability and trustworthiness; The applicant's most recent drug use occurred in June 2009, indicating a lack of commitment to abstaining from illegal substances; The applicant's statements regarding future drug use were inconsistent and did not demonstrate sufficient rehabilitation or change in behavior.
Why the Applicant Was Denied
- The applicant has a history of illegal drug use, including marijuana and cocaine, which raises questions about his reliability and trustworthiness.
- The applicant's most recent drug use occurred in June 2009, indicating a lack of commitment to abstaining from illegal substances.
- The applicant's statements regarding future drug use were inconsistent and did not demonstrate sufficient rehabilitation or change in behavior.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedOct 23, 2009
- Answer filedNov 9, 2009
- Hearing heldMar 9, 2010
- Decision dateJun 21, 2010
Cite For
- Denial of Security Clearance Due to Illegal Drug Use Under Guideline H
- Consideration of Personal Conduct and Reliability Under Guideline E
- Evaluation of Foreign Influence Under Guideline B, with a Finding for the Applicant