Summary
The applicant, a 26-year-old engineer for a defense contractor, sought a security clearance but was denied due to his history of illegal drug use and falsification of his security clearance application. The judge found that the applicant's continued marijuana use after obtaining a security clearance and his omissions regarding drug use in his application raised significant security concerns.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: used marijuana after he had been granted a security clearance in December 2007 (by incorporation) (2.a). falsified his security clearance application (e-QIP) of August 2007 by omitting his drug usage before and after he was granted a security clearance (2.b). been removed from access consideration in March 2009 from another government agency’s special program by his employer due to information covered under Guideline H (2.c). used marijuana with varying frequency from about May 2000 until at least February 2009 (1.a). purchased marijuana (1.b). misused Promethazine with codeine in about July 2007 (1.c). used marijuana after he had been granted a security clearance in December 2007 (1.d).
The judge denied the clearance. The government raised disqualifying conditions DC ¶ 25(a), DC ¶ 25(c), DC ¶ 16(d). The judge applied mitigating conditions MC ¶ 26(b)(1), MC ¶ 26(b)(2), MC ¶ 17(a). The decision turned on the following: The applicant admitted to using marijuana and misusing Promethazine with codeine, raising concerns about his reliability and trustworthiness; The applicant falsified his security clearance application by omitting his drug use history, which reflects a lack of candor and compliance with rules and regulations; The applicant's drug use occurred after he was granted a security clearance, indicating a disregard for DoD policies.
Why the Applicant Was Denied
- The applicant admitted to using marijuana and misusing Promethazine with codeine, raising concerns about his reliability and trustworthiness.
- The applicant falsified his security clearance application by omitting his drug use history, which reflects a lack of candor and compliance with rules and regulations.
- The applicant's drug use occurred after he was granted a security clearance, indicating a disregard for DoD policies.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- MC ¶ 26(b)(1)appliedDisassociation From Drug-using Associates and Contacts
- MC ¶ 26(b)(2)appliedChanging or Avoiding the Environment Where Drugs Were Used
- MC ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the FactsThe applicant did not provide corrections until two years later.
Key Rule Quoted
“A decision to grant or continue an applicant's security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedFeb 11, 2010
- Answer filedFeb 26, 2010Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateNov 22, 2010
Cite For
- Security Concerns Related to Illegal Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Consideration of Both Drug Involvement and Personal Conduct in Security Clearance Determinations