Summary
A 39-year-old project manager with a top secret security clearance was denied eligibility for access to classified information under Guideline H (Drug Involvement). The denial stemmed from four instances of illegal marijuana use between February 2000 and June 2013, with at least one occurrence happening while the applicant held a top secret clearance.
The decision highlighted several disqualifying conditions related to drug involvement, specifically concerning the applicant's judgment and willingness to comply with laws. While mitigating conditions were considered, they were deemed insufficient to overcome the security concerns.
The judge determined that the applicant had not adequately mitigated the issues, noting the absence of a signed statement of intent to abstain from drug use with an automatic revocation clause for any violation. The denial emphasized the need for a longer period without illegal drug use to demonstrate sound judgment and consistent compliance with legal requirements.
Why the Applicant Was Denied
- The applicant used marijuana on four occasions, including while holding a top secret security clearance.
- The applicant did not provide a signed statement of intent to abstain from drug use with automatic revocation of clearance for any violation.
- The applicant's illegal drug use raised significant concerns about his judgment and willingness to comply with laws.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)appliedThe 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 applicant stopped using illegal drugs in June 2013, about 27 months before the hearing.
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant claimed to have disassociated from drug-using associates and has abstained from drug use.
Key Rule Quoted
“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
Procedural Posture
- SOR issuedMar 16, 2015
- Answer filedApr 8, 2015
- Hearing heldAug 26, 2015
- Decision dateNov 25, 2015
Cite For
- Denial of Security Clearance Due to Illegal Drug Use While Holding a Clearance
- Importance of Demonstrating Intent to Abstain From Drug Use for Mitigation
- Presumption Against Granting Security Clearance When Concerns Arise