Summary
A 30-year-old senior geographic information systems engineer was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the applicant's illegal drug use, specifically marijuana and cocaine, which occurred both while serving in the National Guard and after being granted a security clearance in February 2008.
The Statement of Reasons detailed sporadic marijuana use from 1999 until April 2009, and six instances of cocaine use between May 2004 and April 2009. Disqualifying conditions under both guidelines were raised, including concerns about the applicant's reliability and trustworthiness due to falsification on his 2007 security clearance application.
While mitigating conditions were applied, the judge ultimately found insufficient evidence that the applicant had made permanent lifestyle changes or disassociated from drug-using associates. The decision concluded that not enough time had passed to establish that his drug use was unlikely to recur, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant illegally used marijuana and cocaine while serving in the National Guard and after being granted a security clearance.
- Insufficient time had passed to establish that the applicant made permanent lifestyle changes or disassociated from drug-using friends.
- The applicant's falsification of his 2007 security clearance application raised significant concerns about his reliability and trustworthiness.
Conditions Referenced
- H.24(a)raisedDrug Abuse
- H.24(c)raisedIllegal Drug Possession
- E.16(a)raisedDeliberate Omission or Falsification
- E.16(b)raisedProviding False or Misleading Information
- E.16(e)raisedPersonal Conduct Creating Vulnerability
- H.26(a)rejectedBehavior Happened Long Ago or Under Unique CircumstancesThe applicant's drug use spanned approximately 10 years and was not infrequent.
- H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's promise to abstain from drugs was insufficient given his history of drug use.
- E.17(a)appliedPrompt, Good-faith Efforts to CorrectThe applicant corrected his falsification before confrontation.
- E.17(c)rejectedMinor Offense or Time PassedThe applicant's drug use was not considered minor and occurred while holding a security clearance.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedApr 5, 2011
- Answer filedMay 31, 2011Requested a hearing.
- Hearing heldSep 12, 2011Hearing conducted.
- Decision dateOct 28, 2011
Cite For
- Denial of Security Clearance Due to Illegal Drug Use While Holding a Clearance
- Impact of Falsification on Security Clearance Eligibility
- Insufficient Evidence of Rehabilitation and Lifestyle Change in Drug Involvement Cases.