Summary
A 43-year-old U.S. citizen and government contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline H (Drug Involvement). The applicant's foreign ties stemmed from his mother-in-law and father-in-law, who are citizens and residents of Taiwan. The drug involvement concerns arose from a history of substance use between 2003 and 2013.
Specifically, the applicant used marijuana approximately six times per year from January 2003 to January 2011, and medical marijuana from at least 2012 to November 2013. Other reported drug use included mushrooms and LSD approximately once a year from 2006 to January 2012, and cocaine, ketamine, and ecstasy approximately four times per year from January 2003 to January 2011.
While the judge found that the applicant successfully mitigated the foreign influence concerns, the drug involvement issues remained unmitigated. The extensive and relatively recent history of drug use, coupled with the applicant's past statements and behavior, raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant's extensive history of drug use raised significant concerns about his reliability and trustworthiness.
- Despite expressing intent to abstain from drug use, the applicant's past behavior and statements indicated a potential for future drug use.
- The recency of the applicant's last drug use and his previous intentions to continue using medical marijuana contributed to doubts about his commitment to abstinence.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession
- B.7(a)raisedContact with a Foreign Family Member
- B.7(d)raisedSharing Living Quarters with a Foreign National
- H.26(b)appliedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant expressed intent to abstain from illegal drugs and disassociated from drug-using friends.
- B.8(b)appliedNo Conflict of Interest Due to Strong U.S. TiesThe applicant's deep and longstanding relationships and loyalties in the U.S. mitigate foreign influence concerns.
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 issuedApr 10, 2014
- Answer filedApr 29, 2014
- Hearing heldSep 23, 2014Applicant requested to leave the record open for additional evidence.
- Decision dateOct 29, 2014
Cite For
- Failure to Mitigate Drug Involvement Concerns Under Guideline H
- Mitigation of Foreign Influence Concerns Due to Minimal Contact with Foreign Relatives
- Consideration of the Whole-person Concept in Security Clearance Decisions