Summary
A 31-year-old programming manager was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to sporadic marijuana use since 1997 and failed to provide truthful responses regarding his drug use during the security clearance process, raising significant reliability concerns.
Specifically, the applicant refused to answer a question on a Department of Defense interrogatory regarding illegal drug use after September 2011, stating discomfort. He also indicated he had not decided whether to stop or continue using illegal substances, suggesting a lack of commitment to cease such activities. His marijuana use was alleged from 1997 to at least 2012, and his statement about potentially continuing use in the future was also noted.
The denial was based on the applicant's failure to provide full, frank, and truthful answers to lawful questions about his drug use. His refusal to answer interrogatories and his admissions of illegal drug use, coupled with his equivocation about future use, indicated a lack of reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant failed to provide full, frank, and truthful answers to lawful questions regarding his drug use.
- The applicant's refusal to answer interrogatories about illegal drug use raised security concerns under AG ¶¶ 15(a) and 15(b).
- The applicant's admissions of illegal drug use and equivocation regarding future use indicated a lack of reliability and trustworthiness.
Conditions Referenced
- E2.A5.1.1raisedPersonal Conduct
- H1raisedDrug Involvement
- E2.A5.1.3appliedMitigating ConditionsAG ¶ 17(b) applies as the applicant's refusal to cooperate was significantly contributed to by discomfort regarding potential criminal prosecution.
- E2.A5.1.3appliedMitigating ConditionsAG ¶ 17(c) applies as the applicant's behavior was infrequent and occurred under unique circumstances.
- E2.A5.1.3appliedMitigating ConditionsAG ¶ 17(d) applies as the applicant acknowledged his behavior and expressed no intention to use illegal drugs in the future.
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 issuedApr 4, 2013
- Answer filedMay 3, 2013
- Hearing heldAug 13, 2013via in-person hearing
- Decision dateAug 17, 2013
Cite For
- Failure to Provide Truthful Responses During the Security Clearance Process Under Guideline E
- Impact of Illegal Drug Use on Security Clearance Eligibility Under Guideline H
- Mitigating Conditions Applicable to Personal Conduct and Drug Involvement Cases