Summary
A 27-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used marijuana on several occasions between February 2007 and December 2009, including after receiving an interim Top Secret security clearance on August 24, 2009.
Disqualifying conditions were raised under H.25.a, H.25.c, E.16.c, and E.16.e. While mitigating conditions H.26.a and H.26.b were applied regarding drug involvement, the judge ultimately found the applicant's conduct demonstrated exceptionally poor judgment.
The denial was based on the applicant's marijuana use while holding a security clearance, which occurred in two foreign countries, one where drug use was illegal. This raised significant concerns about reliability and trustworthiness. Additionally, the applicant's admissions and conduct during the security clearance process indicated a lack of candor and questionable judgment, leading to the denial of eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant's marijuana use while holding a security clearance demonstrated exceptionally poor judgment.
- The applicant's drug use occurred in two foreign countries, one of which had illegal drug use, raising concerns about reliability and trustworthiness.
- The applicant's admissions and conduct during the security clearance process indicated a lack of candor and questionable judgment.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.craisedIllegal Drug Use After Being Granted a Security Clearance
- E.16.cappliedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16.eappliedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug use was recent and occurred while holding a security clearance.
- H.26.bappliedDemonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedOct 20, 2010
- Answer filedNov 8, 2010
- Hearing heldDec 22, 2010Applicant waived his right to 15-days notice of the date of his hearing.
- Decision dateJan 31, 2011
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Consideration of Poor Judgment in Security Clearance Decisions.