Summary
The applicant, a 53-year-old staff test engineer with 31 years of service at a defense contractor, faced security concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct) due to past marijuana use. Despite his admissions and efforts to mitigate concerns, the judge found insufficient evidence to demonstrate a commitment to abstain from drug use, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant used marijuana in 1977, then again between approximately February 2001 and about June 2009 (2.a). Applicant admitted he used marijuana, an illegal drug, in 1977 and between 2001 and 2009. He also admitted to its use after he was granted a security clearance in 2002 (1.a). Applicant did not disclose either his 2001 or 2008 marijuana uses until he completed a 2009 security clearance application (1.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(b)(4). The decision turned on the following: The applicant admitted to using marijuana multiple times between 2001 and 2008, including after being granted a security clearance; The applicant failed to disclose his drug use until his 2009 security clearance application, indicating a lack of candor; Insufficient time had passed since the applicant's last drug use to demonstrate a commitment to remaining drug-free.
Why the Applicant Was Denied
- The applicant admitted to using marijuana multiple times between 2001 and 2008, including after being granted a security clearance.
- The applicant failed to disclose his drug use until his 2009 security clearance application, indicating a lack of candor.
- Insufficient time had passed since the applicant's last drug use to demonstrate a commitment to remaining drug-free.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(b)(4)appliedA Signed Statement of Intent with Automatic Revocation of Clearance for Any ViolationThe applicant submitted a statement of intent regarding future drug use.
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 issuedNov 30, 2010
- Answer filedDec 20, 2010Applicant requested a decision without hearing.
- Hearing heldMar 29, 2011
- Decision dateApr 11, 2011
Cite For
- Insufficient Time to Demonstrate Commitment to Abstain From Drug Use
- Lack of Candor in Disclosing Past Drug Use
- Pattern of Repeated Violations of Drug Laws