Summary
The applicant, a 51-year-old defense contractor, faced security clearance denial under Guidelines H (Drug Involvement), E (Personal Conduct), and L (Outside Activities) due to a long history of marijuana use and questionable personal conduct, including potential conflicts of interest with foreign entities. The judge found insufficient evidence of rehabilitation or mitigating circumstances to overcome the government's case.
Under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline L (Outside Activities), the Statement of Reasons alleged the following: The Government alleges that the Applicant is ineligible for clearance because he abuses illegal drugs (1.a). The Applicant used marijuana over a thirty-four year period, from about 1974 to at least September 2008 (1.b). From December 2006 to at least July 16, 2010, you were employed by Kell Systems, Inc. A U.S. subsidiary for Kell Systems, Ltd., a British based company (3.d). You own approximately $115K in stock shares with Kell Systems, Inc., a U.S. subsidiary for Kell Systems, Ltd., a British-based company (3.e).
The judge denied the clearance. The government raised disqualifying conditions H.25(a), H.25(c), E.16(c), E.16(d), E.16(e), L.37(a), L.37(a)(2), L.37(a)(3). The decision turned on the following: The applicant has a long history of marijuana use spanning 34 years, with recent admissions indicating potential future use; The applicant's personal conduct demonstrated unreliability and untrustworthiness, raising security concerns; The applicant's financial stake in a foreign-based company posed a conflict of interest with his security responsibilities.
Why the Applicant Was Denied
- The applicant has a long history of marijuana use spanning 34 years, with recent admissions indicating potential future use.
- The applicant's personal conduct demonstrated unreliability and untrustworthiness, raising security concerns.
- The applicant's financial stake in a foreign-based company posed a conflict of interest with his security responsibilities.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- E.16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- L.37(a)raisedEmployment with Foreign National or Organization
- L.37(a)(2)raisedEmployment with Foreign Interest
- L.37(a)(3)raisedRepresentative of Foreign Interest
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person’s life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedJul 16, 2010
- Answer filedAug 5, 2010Applicant elected for a written record determination.
- Hearing held—No hearing; case determined on written record.
- Decision dateDec 30, 2010
Cite For
- Long History of Drug Use as a Disqualifying Factor Under Guideline H
- Questionable Personal Conduct Impacting Security Clearance Eligibility Under Guideline E
- Conflicts of Interest Due to Financial Ties with Foreign Entities Under Guideline L