Summary
A 41-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The denial stemmed from his recent marijuana use during annual camping trips between 1994 and 2001, which occurred while he already held a security clearance. Additionally, he made false disclosures on his security clearance application regarding this drug use.
The applicant had a history of drug abuse dating back to 1978, when he was arrested for possession with intent to distribute marijuana, though these charges were later dropped. He also had a DUI arrest in 1983, for which he pleaded guilty and received a first-time DUI sentence. Despite these past issues, he had previously obtained a security clearance in 1987.
The denial was based on the applicant's recent drug use while holding a clearance, which undermined his trustworthiness. His false disclosures demonstrated a lack of candor and understanding of security implications. Furthermore, his drug use was not an isolated incident but a pattern of behavior over several years, conflicting with security requirements.
Why the Applicant Was Denied
- The applicant engaged in recent drug use while holding a security clearance, undermining trustworthiness.
- The applicant's false disclosures on his security clearance application indicated a lack of candor and awareness of the security significance of his drug use.
- The applicant's drug use was not isolated and occurred multiple times over several years, demonstrating a pattern of behavior contrary to security requirements.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Purchase or Distribution
- E2.A8.1.2.3raisedRecent Drug Involvement, Especially Following the Granting of a Security Clearance
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's drug use was recent, occurring as late as April 2001.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's drug use occurred multiple times over several years.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past assurances of refraining from drug use were not credible given his continued use.
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 issuedAug 20, 2002
- Answer filedSep 4, 2002
- Hearing heldDec 17, 2002
- Decision dateDec 30, 2002
Cite For
- Recent Drug Use While Holding a Security Clearance Under Guideline H
- False Disclosures on Security Clearance Applications Indicating Lack of Candor
- Pattern of Drug Use Over Several Years as a Disqualifying Factor