Summary
The applicant, a 28-year-old consultant for a defense contractor, faced security concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to her illegal drug use from 2000 until May 2008, including use after being granted a security clearance. Despite her claims of maturity and lifestyle changes, the judge found insufficient evidence to mitigate the concerns, leading to a denial of her security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant failed to disclose her October 2001 underage drinking charge and the resulting disorderly conduct conviction on both her 2006 Questionnaire for Public Trust Positions and on her 2008 SCA (2.a). Applicant failed to disclose on her 2006 Supplemental Questionnaire for Selected Positions that she used marijuana from 2000 until 2004 (2.b). Illegal drug use from 2000 until April-May 2008, including marijuana and Ecstasy (1.a). Used illegal drugs while working for a government contractor (1.b). Used illegal drugs after being granted a security clearance in February 2008 (1.c).
The judge denied the clearance. The government raised disqualifying conditions H.24(a), H.24(c), H.24(d), E.16(a), E.16(b). The judge applied mitigating conditions H.26(a), H.26(b), E.17(a). The decision turned on the following: The applicant illegally used drugs from 2000 until May 2008, including after being granted a security clearance in February 2008; The applicant's drug use raised significant questions about her reliability and trustworthiness; The applicant's associations with drug-using friends continued, undermining her claims of changed circumstances.
Why the Applicant Was Denied
- The applicant illegally used drugs from 2000 until May 2008, including after being granted a security clearance in February 2008.
- The applicant's drug use raised significant questions about her reliability and trustworthiness.
- The applicant's associations with drug-using friends continued, undermining her claims of changed circumstances.
Conditions Referenced
- H.24(a)raisedAny Drug Abuse
- H.24(c)raisedIllegal Drug Possession
- H.24(d)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16(b)raisedDeliberately Providing False or Misleading Information
- H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug use spanned approximately eight years and included use after obtaining a security clearance.
- H.26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's continued association with drug-using friends and lack of corroborating evidence undermined her claims.
- E.17(a)appliedPrompt, Good-faith Efforts to Correct the OmissionThe applicant corrected her omissions in subsequent security clearance documents.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedJul 5, 2011
- Answer filedJul 20, 2011
- Hearing heldSep 22, 2011
- Decision dateNov 10, 2011
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Personal Conduct Concerns Due to Omissions in Security Clearance Applications
- The Importance of Demonstrating a Clear Intent to Avoid Future Drug Use for Mitigation Purposes.