Summary
A 32-year-old defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The government alleged the applicant deliberately falsified information on his security clearance application and used marijuana over a nine-year period, including after being granted a clearance.
The applicant admitted to approximately 600 instances of marijuana use over nine years, with the last use occurring after he received a security clearance. While he claimed an intent to stop, the judge found his recent abstinence insufficient to mitigate the long history of drug use.
Ultimately, the applicant's expressed lack of commitment to avoid future drug use raised doubts about his reliability and judgment, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to using marijuana approximately 600 times over nine years, with his last use occurring after being granted a security clearance.
- The applicant's recent abstinence from marijuana was deemed insufficient to mitigate the security concerns due to his long history of drug use.
- The applicant expressed a lack of commitment to avoid future drug use, raising doubts about his reliability and judgment.
Conditions referenced
- AG ¶25(a)raisedAny Drug Abuse
- AG ¶25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's last use of marijuana was in February 2009, which is recent and indicates a long-standing willingness to ignore the rule of law.
- AG ¶26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's statements about future drug use raised doubts about his commitment to avoid illegal activity.
Key rule quoted
“A security clearance decision is intended only to resolve the questions of 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 issuedAug 27, 2009
- Answer filedSep 9, 2009Applicant admitted all allegations.
- Hearing held—Applicant requested a decision without a hearing.
- Decision dateDec 31, 2009
Cite for
- Denial of Security Clearance Due to Extensive Drug Use Under Guideline H
- Insufficient Evidence of Rehabilitation or Intent to Cease Drug Use
- Consideration of the Whole Person Concept in Security Clearance Decisions