Summary
A 43-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's admitted illegal marijuana use, which occurred in varying amounts and frequency from approximately 1981 until December 2008. A significant concern was the applicant's illegal use of marijuana after completing his security clearance application in October 2008.
Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g), AG ¶ 16(d)(3), and AG ¶ 16(e)(1). While mitigating conditions AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 17(e) were considered, they were ultimately deemed insufficient.
The denial was based on the applicant's extensive history of illegal drug use, which raised doubts about his reliability and trustworthiness. His use of marijuana after submitting his application demonstrated poor judgment, and his stated intent to abstain from future drug use was not enough to alleviate the security concerns.
Why the Applicant Was Denied
- The applicant had a long history of illegal drug use, including marijuana, which raised questions about his reliability and trustworthiness.
- The applicant used marijuana after submitting his security clearance application, demonstrating poor judgment.
- The applicant's statement of intent to abstain from drug use was deemed insufficient to mitigate the security concerns.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)rejectedIllegal Drug Use After Being Granted a Security ClearanceApplicant's security clearance was not approved at the time he used marijuana.
- AG ¶ 16(d)(3)raisedA Pattern of Rule Violations
- AG ¶ 16(e)(1)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's pattern of illegal drug use continued into adulthood.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's recent marijuana use and lack of rehabilitation efforts were insufficient.
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant disclosed his drug use on his application, mitigating personal conduct concerns.
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 issuedNov 19, 2009
- Answer filed—
- Hearing held—Decision made on the record without a hearing.
- Decision dateJan 22, 2010
Cite For
- Insufficient Mitigation of Drug Involvement Under Guideline H
- Impact of Illegal Drug Use on Security Clearance Eligibility
- Consideration of Personal Conduct Disclosures in the Whole Person Analysis