Summary
A 38-year-old male applicant was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The applicant had a history of marijuana use spanning from 1990 to New Year’s Eve 2009-2010, including purchasing and possessing the drug in the 1990s. He was also arrested and charged with felony possession of hallucinogenic mushrooms. Critically, the applicant admitted to using marijuana on December 31, 2009, after submitting his Security Clearance Application (SCA) in August 2009 and after being interviewed by an OPM investigator.
Regarding financial considerations, the applicant failed to timely file federal and state income tax returns for 2004, 2006, 2007, and 2008, and did not pay the associated taxes on time. He acknowledged making a conscious decision not to file these returns due to financial constraints.
Despite completing a master's degree and obtaining employment, the applicant's recent marijuana use and failure to timely file tax returns were central to the denial. The decision highlighted his long history of drug use, including post-application use, and his failure to demonstrate a genuine commitment to abstaining from illegal drugs. Additionally, his conscious decision not to file tax returns contributed to the denial.
Why the Applicant Was Denied
- The applicant had a long history of marijuana use, including use after submitting his security clearance application.
- He failed to demonstrate a commitment to abstain from illegal drug use, as evidenced by his actions post-application.
- The applicant did not file several tax returns on time and made a conscious decision not to file due to financial constraints.
Conditions Referenced
- H.25(a)appliedDrug Abuse
- H.25(c)appliedIllegal Drug Possession
- H.25(h)appliedIntent to Continue Illegal Drug Use
- F.19(a)appliedInability to Satisfy Debts
- F.19(c)appliedHistory of Not Meeting Financial Obligations
- F.19(g)appliedFailure to File Income Tax Returns
- H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's actions did not demonstrate a true commitment to abstaining from drug use.
- F.20(c)appliedCounseling or Control of Financial ProblemsThe applicant resolved his tax issues by filing and paying his delinquent taxes.
- F.20(e)appliedDispute of Past-due DebtThe applicant reasonably believed he did not need to file certain tax returns due to low income.
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 issuedMar 29, 2010
- Answer filedMay 10, 2010
- Hearing heldAug 11, 2010
- Decision dateAug 31, 2010
Cite For
- Denial Based on Recent Illegal Drug Use Despite a Signed Statement of Intent to Abstain
- Failure to Timely File Tax Returns as a Disqualifying Factor
- Consideration of the Whole-person Concept in Security Clearance Decisions