Summary
The applicant, a 24-year-old operations support team technician, faced security clearance denial under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to past marijuana use and failure to disclose this on his security clearance application. Despite demonstrating efforts to rehabilitate and correct omissions, the judge found that the applicant's recent drug use while holding a security clearance raised significant concerns about his reliability and trustworthiness.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The SOR at ¶ 2.a alleges that Applicant falsely and deliberately omitted information regarding Applicant’s September 13, 2008, arrest and eventual charges of Possession of Marijuana and Use/Possession of Drug Paraphernalia (2.a). On Section 24 of the October 2008 e-QIP, however, Applicant consciously declined to disclose his July 2008 marijuana use (2.b). Applicant used marijuana between July 2002 and April 2003, and again in July 2008 while holding a security clearance (1.a). Applicant was arrested for possession of marijuana and drug paraphernalia in December 2008 (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(b), AG ¶ 17(a), AG ¶ 17(e). The decision turned on the following: The applicant admitted to using marijuana while holding a security clearance, which constitutes a violation of the terms of that clearance; The applicant's drug use was recent and occurred after he had been granted an interim security clearance, raising concerns about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding a security clearance, which constitutes a violation of the terms of that clearance.
- The applicant's drug use was recent and occurred after he had been granted an interim security clearance, raising concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Involvement Disqualifying Condition
- AG ¶ 25(c)raisedDrug Involvement Disqualifying Condition
- AG ¶ 25(g)raisedDrug Involvement Disqualifying Condition
- AG ¶ 26(b)appliedDrug Involvement Mitigating ConditionThe applicant demonstrated intent not to abuse drugs in the future by changing his social environment and signing a statement of intent.
- AG ¶ 17(a)appliedPersonal Conduct Mitigating ConditionThe applicant made prompt, good faith efforts to correct the omission of his drug use on the e-QIP.
- AG ¶ 17(e)appliedPersonal Conduct Mitigating ConditionThe applicant has taken positive steps to reduce vulnerability to exploitation by being forthcoming about his past drug use.
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 issuedSep 28, 2009
- Answer filedMar 6, 2009
- Hearing heldFeb 9, 2010Rescheduled due to winter storm emergency.
- Decision dateMar 17, 2010
Cite For
- Denial of Security Clearance Due to Recent Drug Use While Holding a Clearance
- Mitigating Factors for Personal Conduct Related to Prompt Disclosure of Omissions
- Impact of Drug Involvement on Security Clearance Eligibility