Summary
A 34-year-old defense contractor was denied security clearance eligibility due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons (SOR) alleged that the applicant used marijuana with varying frequency from approximately 1997 to November 2009, including while possessing both secret and top secret security clearances.
Additionally, the applicant was alleged to have falsified responses to five questions on multiple security clearance applications. These actions raised disqualifying conditions under both guidelines, specifically H.25.a, H.25.g, E.16.a, E.16.c, and E.16.d.
While mitigating conditions H.26.a, H.26.b, and E.17.a were considered, the judge found they were not sufficient. The denial was based on the applicant's admitted marijuana use while holding clearances, the falsification of information on multiple security clearance applications regarding drug use, and an extensive history of drug use that raised serious concerns about reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to using marijuana while holding security clearances.
- The applicant falsified responses on multiple security clearance applications regarding his drug use.
- The applicant's extensive history of drug use raised serious concerns about his reliability and trustworthiness.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16.craisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16.draisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's extensive history of marijuana use and ongoing association with drug-using individuals undermined this condition.
- H.26.brejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's history of falsification and lack of credible evidence of rehabilitation negated this condition.
- E.17.arejectedPrompt, Good-faith Efforts to Correct the Omission, Concealment, or FalsificationThe applicant did not demonstrate good faith in correcting his previous false statements.
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 issuedFeb 13, 2013
- Answer filedMar 3, 2013Applicant elected for decision based on administrative record.
- Hearing held—No hearing; decision based on record.
- Decision dateMay 29, 2013
Cite For
- Denial of Security Clearance Due to Drug Involvement and Personal Conduct Issues
- Impact of Falsification on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions