Summary
A 55-year-old defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant had a history of marijuana use as an adolescent and young adult, which he resumed in mid-2009, smoking several times a week to cope with grief. This led to a positive drug test and a diagnosis of marijuana dependence by his therapist.
Further complicating the case, the applicant intentionally provided false information about his drug use to an OPM investigator in July 2010. While the applicant completed counseling and expressed remorse, the judge determined that his past drug use, particularly while holding a security clearance, and his deliberate dishonesty during the investigation raised significant doubts about his reliability and trustworthiness.
Despite the application of some mitigating conditions, the presence of disqualifying conditions, including providing false information and a positive drug test, ultimately led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant tested positive for marijuana use while holding a security clearance.
- He provided false information about his drug use during an OPM interview.
- The applicant's drug use and dishonesty raised doubts about his reliability and trustworthiness.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.braisedTesting Positive for Illegal Drug Use
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.braisedDeliberately Providing False or Misleading Information
- E.16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
- H.26.arejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's drug use was not sufficiently distant or infrequent to mitigate concerns.
- H.26.cappliedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant completed counseling but it did not fully mitigate concerns.
- E.17.aappliedPrompt, Good-faith Efforts to Correct the OmissionThe applicant corrected his false statements during the interview.
- E.17.eappliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant has taken steps to address his past behavior.
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 issuedSep 12, 2011
- Answer filedSep 21, 2011
- Hearing heldJan 12, 2012
- Decision dateFeb 16, 2012
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Impact of Providing False Information During Security Clearance Process Under Guideline E
- Consideration of Mitigating Factors in the Context of Past Drug Use and Personal Conduct.