Summary
The applicant, a 33-year-old engineer with a history of intermittent marijuana use from 1983 to 1999, faced security clearance denial under Guidelines B, E, and H due to insufficient evidence of rehabilitation and a lack of demonstrated intent to abstain from future drug use. The judge found that the applicant's past drug use indicated unreliability and untrustworthiness, while foreign influence concerns were deemed minimal.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has foreign contacts that could create the potential for foreign influence that could result in the compromise of classified information (3). The Government alleges that the Applicant has engaged in conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations could indicate that the person may not properly safeguard classified information (2.a). The Applicant began using marijuana in high school in 1983. He usually used it on weekends. He continued to use marijuana until he moved to Kenya in 1988. While in Kenya he did not use marijuana. In 1992, he returned to the United States. He then used marijuana one time between 1994 and 1995. In 1999, while on paternity leave from his employer, he used marijuana with a friend in Wisconsin (1.a). During an interview with the Defense Security Service, the Applicant indicated that he may use marijuana in the future (2.a).
The judge denied the clearance. The government raised disqualifying conditions H1, E4. The decision turned on the following: The applicant's history of intermittent marijuana use demonstrated poor judgment and unreliability; The applicant failed to provide sufficient evidence of reform and rehabilitation regarding drug use; The applicant's statements indicated a possibility of future marijuana use, undermining his credibility.
Why the Applicant Was Denied
- The applicant's history of intermittent marijuana use demonstrated poor judgment and unreliability.
- The applicant failed to provide sufficient evidence of reform and rehabilitation regarding drug use.
- The applicant's statements indicated a possibility of future marijuana use, undermining his credibility.
Conditions Referenced
- H1raisedDrug Abuse
- E4raisedPersonal Conduct
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedMar 22, 2002
- Answer filedApr 22, 2002
- Hearing heldAug 28, 2002
- Decision dateNov 14, 2002
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Insufficient Evidence of Rehabilitation for Past Drug Use
- Unreliability and Poor Judgment Impacting Security Clearance Eligibility