Summary
A 32-year-old defense contractor employee 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 and hashish use and made a false statement on his security clearance application.
Specifically, the applicant used marijuana or hashish on at least two occasions between December 2005 and 2006. He continued this use on at least two or three additional occasions between May 2007 and May or June 2013, even after being granted a security clearance in May 2007. Furthermore, the applicant answered "no" to a question on his e-QIP regarding illegal drug use in the last seven years, thereby concealing his drug use during that period. He also acknowledged never receiving treatment or evaluation for substance abuse.
The denial was based on the applicant's admitted multiple instances of illegal drug use over several years, including after receiving a clearance. His false statement on the e-QIP was considered a deliberate concealment of facts. The applicant failed to provide evidence of rehabilitation or a clear intent to avoid future drug use, leading the judge to conclude that he did not sufficiently mitigate the security concerns.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of illegal drug use over several years, including after being granted a security clearance.
- The applicant's false statement on his e-QIP regarding drug use was deemed a deliberate concealment of relevant facts.
- The applicant did not provide evidence of rehabilitation or a clear intent to avoid future drug use.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- H.26.brejectedDemonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's intent to refrain from drug use was not supported by sufficient evidence of changed behavior or disassociation from drug-using environments.
- E.17.arejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's explanations for the false statement were not credible and did not demonstrate good faith.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJun 18, 2014
- Answer filedJul 15, 2014
- Hearing heldNov 19, 2014Hearing convened as scheduled.
- Decision dateDec 29, 2014
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Lack of Sufficient Mitigation for Drug Use and Personal Conduct Issues