Summary
A 44-year-old carpenter was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant had a history of marijuana use from 1991 to December 2013, including after being granted a Department of Defense security clearance in 2003. Additionally, the applicant falsified her October 16, 2013 Electronic Questionnaire for Investigations Processing (e-QIP) by failing to disclose her drug involvement and her use of marijuana while holding a security clearance.
The applicant also failed to file her state income tax return and pay taxes owed for tax year 2012. While the judge acknowledged that the financial issues had been resolved, significant concerns remained regarding her drug involvement and personal conduct.
The denial was based on the applicant's marijuana use from 1992 to June 2014, including while holding a security clearance, and her falsification of the security clearance application regarding illegal drug involvement. The judge determined it was too soon to conclude that the applicant's marijuana abuse would not reoccur, leading to the denial of her security clearance.
Why the applicant was denied
- Applicant used marijuana from 1992 to June 2014, including while holding a security clearance.
- Applicant falsified her security clearance application by denying illegal drug involvement.
- The judge found it too soon to conclude that the applicant's marijuana abuse would not reoccur.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureApplicant's circumstances changed with her spouse's immigration and marriage, and she expressed intent not to use marijuana.
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good JudgmentThe judge found that the applicant's drug use was not infrequent and occurred over a long period.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 28, 2014
- Answer filedAug 13, 2014
- Hearing heldNov 19, 2014
- Decision dateFeb 20, 2015
Cite for
- Falsification of Security Clearance Application Under Guideline E
- Recency of Drug Use Impacting Security Clearance Eligibility Under Guideline H
- Resolution of Financial Issues Does Not Mitigate Drug Involvement Concerns