Summary
A 55-year-old defense contractor, holding a security clearance since 2005, was denied continued clearance under Guideline H (Drug Involvement) due to recent marijuana use. The Statement of Reasons alleged that the applicant used marijuana approximately three to four times in December 2013. This activity occurred while he possessed an active security clearance.
The judge identified disqualifying conditions related to drug involvement, specifically citing concerns about the applicant's judgment and reliability. Although mitigating conditions were considered, including the possibility that the drug use was not recent or was an isolated incident, these were ultimately not sufficient to overcome the security concerns.
The denial was based on the applicant's use of marijuana three times in December 2013 while holding a clearance. The judge determined that the applicant's explanations for his drug use demonstrated poor judgment and raised doubts about his reliability. Furthermore, the applicant's stated intent to abstain from future drug use was not found to be persuasive given his recent actions.
Why the Applicant Was Denied
- Applicant used marijuana three times in December 2013 while holding a security clearance.
- The judge found the applicant's reasons for drug use demonstrated poor judgment and cast doubt on his reliability.
- The applicant's statement of intent not to use drugs in the future was not persuasive given his previous actions.
Conditions Referenced
- AG ¶ 25(a)appliedAny Drug Abuse
- AG ¶ 25(g)appliedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's drug use occurred as recently as December 2013.
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the FuturePartial credit given for the applicant's statement of intent, but not persuasive.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramNo evidence of participation in or completion of a drug treatment program.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 6, 2015
- Answer filedDec 7, 2015
- Hearing held—Decided on the written record.
- Decision dateJun 13, 2016
Cite For
- Denial of Security Clearance Due to Recent Drug Use Under Guideline H
- Impact of Poor Judgment on Security Clearance Eligibility
- Consideration of the Whole-person Concept in Security Clearance Decisions