Summary
A 37-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history included marijuana use from 1994 to 2003, some of which occurred while he held a Secret security clearance. He also purchased marijuana in the U.S. Virgin Islands.
Further issues arose when the applicant used marijuana again less than two weeks after completing a Security Clearance Application (SCA) for a Top Secret clearance, despite having admitted prior use on the application. He used marijuana with a friend and his brother-in-law, and also pled guilty to an amended assault charge, resulting in a fine.
While the applicant demonstrated some intent to abstain from future drug use, the judge found his explanations insufficient to mitigate concerns about his reliability and trustworthiness. The decision highlighted his disregard for the law and his security clearance responsibilities, particularly his lack of judgment in using drugs shortly after applying for a higher clearance. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant used marijuana while holding a security clearance, demonstrating a disregard for the law and the responsibilities associated with his clearance.
- The applicant's drug use occurred shortly after he completed a security clearance application, indicating a lack of judgment and awareness of his obligations.
- The applicant's explanations for his drug use were not sufficient to mitigate the serious concerns regarding his reliability and trustworthiness.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(e)raisedPersonal Conduct, or Concealment of Information About One’s Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress
- H.26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E.17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
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 issuedFeb 26, 2010
- Answer filedMar 17, 2010
- Hearing heldJul 14, 2010
- Decision date—
Cite For
- Disregard for the Responsibilities Associated with Holding a Security Clearance Under Guideline H
- Lack of Candor and Questionable Judgment Under Guideline E
- Demonstrated Intent Not to Abuse Drugs in the Future as a Mitigating Factor