Summary
A 45-year-old executive with prior security clearances was denied a new clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed that the applicant possessed and used marijuana three times between 2000 and 2003 while holding a secret security clearance. She then used an illegal drug again in 2011, at which point she held a top secret security clearance.
The decision cited disqualifying conditions related to illegal drug use and personal conduct, specifically concerning a pattern of questionable judgment and deliberate misrepresentation or falsification. While mitigating conditions were considered, including the passage of time since the drug use and the applicant's voluntary admission, these were ultimately deemed insufficient.
The denial was based on the applicant's engagement in illegal drug use while holding security clearances, which raised serious doubts about her judgment and trustworthiness. Furthermore, her failure to disclose this illegal drug use in a timely manner created a vulnerability to coercion. The judge concluded that her three-year period of abstinence from drug use was not sufficiently mitigating, given her history of resuming marijuana use after a prior period of abstinence.
Why the Applicant Was Denied
- The applicant engaged in illegal drug use while holding a security clearance, which raises serious concerns about her judgment and trustworthiness.
- The applicant failed to disclose her illegal drug use to her employer in a timely manner, creating a vulnerability to coercion.
- The applicant's conduct was not mitigated by her abstention from drug use for three years, as she had previously used marijuana after a long period of abstinence.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.craisedIllegal Drug Possession
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.cappliedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16.eappliedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26.arejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe circumstances of the applicant's marijuana use are likely to recur due to her ongoing contact with family members who use marijuana.
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant submitted a signed statement of intent to abstain from drug use.
- E.17.crejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant's illegal drug use while holding a security clearance cannot be considered minor.
- E.17.eappliedThe Individual Has Taken Positive Steps to Reduce or Eliminate VulnerabilityThe applicant disclosed her illegal conduct to her FSO and supervisor.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural Posture
- SOR issuedDec 30, 2013
- Answer filed—
- Hearing heldApr 8, 2014
- Decision dateMay 14, 2014
Cite For
- Denial of Security Clearance Due to Illegal Drug Use While Holding a Clearance
- Failure to Disclose Illegal Conduct in a Timely Manner
- Impact of Personal Conduct on Security Clearance Eligibility