Summary
A 35-year-old defense contractor and former Air Force member was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used marijuana approximately 30 times between January 2004 and June 2010, and on at least one occasion in August 1995. Crucially, some of this marijuana use occurred after she had been granted a security clearance.
Additionally, the applicant was alleged to have deliberately provided false information on her July 2011 security clearance application regarding controlled substance use while holding a clearance. While the judge found no deliberate falsification under Guideline E, the applicant's history of drug use raised significant concerns about her reliability and trustworthiness.
The denial was based on the applicant's multiple instances of marijuana use while holding a security clearance. The judge determined that her period of abstinence was insufficient to demonstrate a future intent not to use drugs, and her past actions raised doubts about her current reliability and judgment. Disqualifying conditions H.25(a) and H.25(g) were raised, while mitigating conditions H.26(a) and H.26(b) were applied.
Why the Applicant Was Denied
- The applicant used marijuana on multiple occasions while holding a security clearance.
- The applicant's period of abstinence was insufficient to demonstrate a future intent not to use drugs.
- The applicant's past actions raised doubts about her current reliability and judgment.
Conditions Referenced
- H.25(a)appliedAny Drug Abuse
- H.25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
- H.26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe applicant's marijuana use from 2004 to 2010 was frequent and occurred while holding a security clearance.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's abstinence was insufficient to demonstrate intent not to use 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 issuedMar 20, 2013
- Answer filedApr 8, 2013
- Hearing heldSep 11, 2013
- Decision dateNov 12, 2013
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Consideration of Past Drug Use While Holding a Security Clearance
- Evaluation of Mitigating Conditions Related to Drug Use