Summary
A 39-year-old information technology professional was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana from 2001 to 2008, including after receiving a security clearance in 2007. He also used cocaine three or four times in June 2005 and was arrested for marijuana possession, serving one year of probation.
Further, the applicant falsified drug-related questions on security clearance applications in 2003 and 2007, fearing prosecution and denial of his clearance. He made a conscious decision to provide false information on two separate occasions, four years apart. While he claimed his last use of marijuana was in June 2008 and that he has abstained from illegal drugs since, and expressed willingness to comply with future drug testing, these factors were not sufficient to mitigate the concerns.
The judge determined that the applicant's extensive history of illegal drug use and repeated falsification of government documents raised serious doubts about his reliability and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to extensive illegal drug use, including marijuana and cocaine, which raised significant security concerns.
- The applicant falsified information on multiple security clearance applications, demonstrating a lack of candor and reliability.
- The applicant's claims of abstinence and willingness to comply with future drug testing were insufficient to mitigate the concerns raised by his past conduct.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's last drug use was only 16 months prior, and his extensive history of drug use raises doubts about his current reliability.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not provide evidence of disassociating from drug-using associates or a signed statement of intent.
- AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's late disclosure of drug use does not constitute a good-faith effort to correct previous falsifications.
- AG ¶ 17(c)rejectedOffense Is so Minor or Infrequent That It Is Unlikely to RecurThe applicant's falsifications were deliberate and occurred on two separate occasions.
Key Rule Quoted
“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedJul 9, 2009
- Answer filedJul 22, 2009Applicant requested a decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateOct 21, 2009
Cite For
- Security Concerns Related to Drug Involvement Under Guideline H
- Issues of Personal Conduct and Falsification of Information Under Guideline E
- The Importance of Demonstrating Reliability and Trustworthiness in Security Clearance Determinations