Summary
A 25-year-old federal contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant's history included marijuana use beginning around age 14 or 15 in 2000 or 2001. He purchased marijuana one to two times a month and used it weekly from 2001 to 2004, resuming use through May 2010. Notably, he continued using marijuana after being criminally charged in February 2010, after applying for a security clearance in March 2009, and after receiving a Secret security clearance in April 2010. He also tested positive twice for marijuana during a court-ordered counseling program.
The personal conduct concerns stemmed from the applicant's deliberate failure to disclose his illegal drug use and purchases on his March 2009 security clearance application. He also failed to disclose the full extent of his drug use on his April 2010 application and provided false statements during a personal subject interview with a government investigator, specifically regarding his complete drug history and the two positive marijuana tests.
Despite completing a prescribed drug treatment and aftercare program, and stating he no longer associates with friends with whom he used drugs, the judge found that the applicant failed to mitigate the concerns. The denial was based on his admitted regular marijuana use until at least May 2010, including after applying for and receiving a clearance, and his provision of false information on applications and during an interview. The applicant did not demonstrate an intent to abstain from drug use or provide sufficient evidence of rehabilitation.
Why the Applicant Was Denied
- Applicant admitted to using marijuana regularly from age 14 until at least May 2010, including after applying for and receiving a security clearance.
- Applicant provided false information on his security clearance applications and during a government interview regarding his drug use.
- The applicant did not demonstrate an intent to abstain from drug use or provide evidence of rehabilitation.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.braisedTesting Positive for Illegal Drug Use
- H.25.craisedIllegal Drug Possession
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16.braisedDeliberately Providing False or Misleading Information
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 9, 2011
- Answer filedSep 9, 2011Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on the written record.
- Decision dateJan 20, 2012
Cite For
- Failure to Disclose Drug Use on Security Clearance Applications Under Guideline E
- Impact of Drug Involvement on Reliability and Trustworthiness Under Guideline H
- Importance of Truthful Disclosure During the Security Clearance Process