Summary
A 53-year-old member of the United States Merchant Marine 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 30-year history of regular marijuana abuse, which continued until he failed a urinalysis test in 2009 while on probation for a June 2009 DUI conviction. He also purchased marijuana on numerous occasions, and his use was not medically prescribed.
Further issues included the applicant's deliberate concealment of his regular illegal drug abuse when he signed and certified his November 2002 security clearance application. This, along with his marijuana use while on probation for the DUI, demonstrated questionable judgment, untrustworthiness, unreliability, lack of candor, and an unwillingness to comply with rules and regulations.
Additionally, the applicant failed to file required Federal income tax returns for tax years 2010, 2011, and 2012. The judge found that the applicant's admissions and the lack of sufficient mitigating evidence did not alleviate security concerns regarding his reliability and trustworthiness, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant regularly abused marijuana for 30 years, failing a urinalysis test in 2009 while on probation for a DUI conviction.
- Applicant falsified a security clearance application by denying his drug abuse history.
- Applicant failed to file required Federal income tax returns for multiple years, demonstrating financial irresponsibility.
Conditions Referenced
- H.25.araisedDrug Abuse
- H.25.braisedPositive Drug Test
- H.25.graisedIllegal Drug Use After Clearance
- E.16.araisedFalsification of Security Clearance Application
- F.19.graisedFailure to File Tax Returns
- H.26.arejectedBehavior Occurred Long AgoThe applicant's drug abuse was extensive and recent.
- H.26.brejectedDemonstrated Intent Not to Abuse DrugsInsufficient evidence of intent to abstain from drug use.
- F.20.brejectedConditions Beyond ControlThe applicant did not demonstrate responsible action regarding tax obligations.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedAug 14, 2014
- Answer filedSep 8, 2014Applicant requested decision on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateApr 23, 2015
Cite For
- Denial of Security Clearance Due to Long-term Drug Abuse Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Failure to File Tax Returns as a Disqualifying Condition Under Guideline F