Summary
A 40-year-old defense contractor with prior military service was denied a security clearance under Guideline H (Drug Involvement) due to admitted marijuana use. The Statement of Reasons alleged the applicant used marijuana multiple times, specifically once in 2005, and on four successive days in both July 2007 and July 2008. Disqualifying conditions under Adjudicative Guideline (AG) ¶ 25(a), (c), and (h) were raised.
While mitigating conditions AG ¶ 26(a) and (b) were applied, they were insufficient to overcome the security concerns. The denial was based on several factors. The applicant provided inconsistent accounts of his marijuana use, which raised significant credibility issues. Furthermore, he expressed an intent to continue using marijuana under certain circumstances, demonstrating a lack of commitment to abstain from drug use.
Ultimately, the applicant failed to demonstrate an appropriate period of abstinence from drug use, leading the judge to conclude that his drug involvement posed significant security concerns. Consequently, his eligibility for a security clearance was denied.
Why the Applicant Was Denied
- The applicant provided inconsistent accounts of his marijuana use, raising credibility issues.
- The applicant expressed an intent to continue using marijuana under certain circumstances, indicating a lack of commitment to abstain.
- The applicant failed to demonstrate an appropriate period of abstinence from drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's most recent drug use was less than two years ago.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not establish an appropriate period of abstinence and indicated a likelihood of future use.
Key Rule Quoted
“Use of an illegal drug or misuse of prescription drug can raise questions about an individual’s reliability and trustworthiness, both because it may impair judgment and because it raises questions about a person’s ability or willingness to comply with laws, rules, and regulations.”
Procedural Posture
- SOR issuedJul 10, 2009
- Answer filedAug 7, 2009
- Hearing heldJan 29, 2010Decision made on the record in lieu of a hearing.
- Decision dateJan 29, 2010
Cite For
- Credibility Issues Arising From Inconsistent Accounts of Drug Use
- Expressed Intent to Continue Illegal Drug Use Under Certain Circumstances
- Lack of Demonstrated Commitment to Abstain From Drug Use