Summary
A 21-year-old customer service representative for a defense contractor was denied a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana two to three times per week from 2009 until his arrest in February 2013 for speeding and marijuana possession. He also admitted to purchasing marijuana one or two times in a two-week period during that timeframe, with his last purchase occurring in February 2013.
A significant concern was the applicant's failure to disclose his four-year history of marijuana use on his e-QIP, despite the question being clear and concise. This omission was considered an intentional falsification. While the applicant claimed abstinence since his arrest, the decision found insufficient objective evidence of rehabilitation or a clear intent to avoid future drug use.
The denial was based on the applicant's admitted frequent marijuana use, including while employed, and his deliberate failure to disclose this information on his e-QIP. The mitigating conditions applied were not sufficient to overcome the disqualifying conditions, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to using marijuana frequently from 2009 to 2013, including while employed.
- Applicant failed to disclose his marijuana use on his e-QIP, which was considered deliberate falsification.
- There was no objective evidence of rehabilitation or intent to avoid future drug use.
Conditions Referenced
- H.25.aappliedDrug Abuse
- H.25.cappliedIllegal Drug Possession
- E.16.aappliedDeliberate Falsification
- E.16.eappliedVulnerability to Exploitation
- H.26.arejectedBehavior Long Ago or InfrequentThe applicant's drug use was frequent and recent enough to raise concerns.
- H.26.brejectedDemonstrated Intent Not to Abuse DrugsThe applicant did not provide sufficient evidence of intent to avoid future drug use.
- E.17.crejectedMinor Offense or Time PassedThe applicant's drug use was not minor and occurred frequently over several years.
- E.17.drejectedAcknowledgment and CounselingThe applicant did not obtain counseling or provide evidence of rehabilitation.
- E.17.eappliedPositive Steps to Reduce VulnerabilityThe applicant ceased marijuana use after his arrest, but this was insufficient.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedAug 19, 2014
- Answer filednullUndated Answer submitted.
- Hearing heldMay 14, 2015
- Decision dateAug 28, 2015
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- Deliberate Falsification of Information on Security Clearance Applications
- Insufficient Evidence of Rehabilitation After Drug Use