Summary
A 37-year-old systems engineer with a top secret clearance was denied security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his illegal marijuana use in approximately September 2013, while he already held a top secret clearance. This conduct raised disqualifying conditions related to illegal drug use and personal conduct, specifically concerning concealment of information that could create vulnerability.
The applicant’s illegal marijuana use was deemed a violation of the trust placed in him by the Government, raising serious questions about his reliability, trustworthiness, and ability to comply with the law. Although the applicant cited stress from personal circumstances and ongoing mental health treatment, the judge found these insufficient to mitigate the security concerns.
Despite the applicability of some mitigating conditions, the applicant failed to provide sufficient evidence to overcome the concerns related to his drug use and personal conduct. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant's illegal marijuana use while possessing a security clearance violated the trust placed in him by the Government.
- His criminal behavior raised serious questions about his reliability, trustworthiness, and ability to comply with the law.
- The applicant provided insufficient evidence to mitigate the security concerns related to his drug use and personal conduct.
Conditions Referenced
- H.24raisedDrug Involvement
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
- E.15raisedPersonal Conduct
- E.16(e)raisedConcealment of Information
- H.26(a)rejectedBehavior Unlikely to RecurThe applicant's illegal drug use was recent and not infrequent.
- H.26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's promise to abstain from drug use was not supported by sufficient evidence.
- E.17(c)rejectedMinor Offense or Unlikely to RecurThe illegal drug use was serious and recent.
- E.17(d)rejectedAcknowledgment and CounselingInsufficient evidence of effective counseling or steps taken to alleviate stressors.
- E.17(e)rejectedPositive Steps to Reduce VulnerabilityThe applicant's efforts were not sufficient to mitigate the personal conduct concerns.
Key Rule Quoted
“Security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedMar 20, 2014
- Answer filedMar 31, 2014Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJul 30, 2014
Cite For
- Denial of Clearance Due to Illegal Drug Use Under Guideline H
- Insufficient Evidence to Mitigate Personal Conduct Concerns Under Guideline E
- Importance of Demonstrating Reliability and Trustworthiness for Security Clearance Eligibility