Summary
A 33-year-old operations program manager 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 from approximately January 1996 to June 2011, including use while holding a security clearance between January 2009 and June 2011.
A key issue was the applicant's inconsistent reporting of his drug use. In his July 2008 e-QIP, he disclosed marijuana use from January 2000 to June 2004. However, a May 2012 e-QIP indicated use extending to June 2011, revealing a discrepancy. The judge found the applicant's explanations for both his drug use and the inconsistencies in his e-QIPs to be not credible.
Ultimately, the denial was based on the applicant's marijuana use while holding a security clearance and his provision of inconsistent and misleading information regarding his drug use history in his e-QIPs. The judge determined that the applicant did not meet the burden of persuasion for clearance eligibility.
Why the applicant was denied
- The applicant used marijuana while holding a security clearance from January 2009 to June 2011.
- The applicant provided inconsistent and misleading information regarding his drug use in his e-QIPs.
- The applicant's explanations for discrepancies in his drug use history were deemed not credible.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Areas
- AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- AG ¶ 26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 17(c)rejectedThe Offense Was so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- AG ¶ 17(d)rejectedAcknowledgment of the Behavior and Positive Steps Taken
Key rule quoted
“The applicant has the ultimate burden of persuasion of establishing that it is clearly consistent with the national interest to grant him a security clearance.”
Procedural posture
- SOR issuedMar 18, 2015
- Answer filedApr 1, 2015
- Hearing heldNov 18, 2015
- Decision dateMay 23, 2016
Cite for
- Disqualifying Conditions Under Guideline H for Drug Involvement
- Disqualifying Conditions Under Guideline E for Personal Conduct
- Credibility of Applicant's Testimony Regarding Drug Use and E-qip Disclosures