Summary
A 54-year-old systems technologist was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of marijuana use spanning from approximately 1977 to at least September 2010. This use occurred while he held various security clearances, including Secret, Top Secret, and access to Sensitive Compartmented Information (SCI), granted between 2004 and 2009.
Additionally, the applicant omitted his marijuana use when completing his security clearance application (e-QIP) in July 2003. The judge found that while the applicant mitigated personal conduct concerns, he did not adequately mitigate the drug involvement issues.
The denial was based on the applicant's extensive 33-year history of marijuana use, including continued use after being granted security clearances, and his failure to disclose this use in applications. The judge noted that the applicant's period of abstinence from drug use was relatively recent and lacked supporting evidence of rehabilitation or counseling.
Why the Applicant Was Denied
- The applicant had a lengthy history of marijuana use over 33 years, including periods when he held security clearances.
- The applicant admitted to using marijuana after being granted security clearances and failed to disclose this use in his security applications.
- The applicant's abstinence from drug use was relatively recent and lacked evidence of rehabilitation or counseling.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- DC ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
- DC ¶ 16(d)(3)raisedA Pattern of Dishonesty or Rule Violations
- MC ¶ 26(b)(1)appliedDisassociation From Drug-using Associates and Contacts
- MC ¶ 26(b)(2)appliedChanging or Avoiding the Environment Where Drugs Were Used
- MC ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Caused
- MC ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“[S]ecurity-clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedNov 29, 2012
- Answer filedDec 21, 2012
- Hearing heldMay 6, 2013by video teleconference
- Decision dateMay 29, 2013
Cite For
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Mitigation of Personal Conduct Concerns Despite Drug Involvement
- Importance of Full Disclosure in Security Clearance Applications