Summary
A 28-year-old systems analyst and former Marine was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his history of illegal drug use and his failure to disclose this information on security clearance applications.
The applicant admitted to using marijuana three to five times weekly from 2001 until June 2005, and psilocybin one or two times weekly in 2001. He also used marijuana three times in August 2009 while on terminal leave from the Marine Corps, after having been granted a security clearance. These admissions, particularly the marijuana use while still on active duty, raised significant concerns about his reliability and trustworthiness.
Furthermore, the applicant intentionally omitted his drug use from his October 1, 2007 e-QIP and did not provide truthful information concerning his drug use on an October 6, 2010 DOHA interrogatory. These omissions were a key factor in the judge's decision to deny the security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana three to five times weekly from 2001 until June 2005 and psilocybin one or two times weekly in 2001.
- The applicant used marijuana three times in August 2009 while on terminal leave from the Marine Corps, after having been granted a security clearance.
- The applicant intentionally omitted his drug use from his October 1, 2007 e-QIP, which raised questions about his honesty and reliability.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Unusual Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's drug use was willful and voluntary, and he succumbed to peer pressure to use marijuana in August 2009.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Drugs in the FutureThe applicant did not provide sufficient evidence to show that he would not be influenced to use drugs again.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 28, 2010
- Answer filedDec 16, 2010
- Hearing heldMay 3, 2011Applicant waived the 15-day notice requirement.
- Decision dateAug 8, 2011
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Issues of Personal Conduct and Honesty in Security Clearance Applications
- The Impact of Peer Pressure on Drug Use and Security Clearance Eligibility