Summary
A 34-year-old electrical engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from his admitted infrequent marijuana use after obtaining security clearances and his failure to fully disclose all drug usage on his security clearance applications.
Specifically, the applicant provided false information on his February 1997 and July 2002 SF 86 forms regarding drug use, omitting usage that occurred during college. He also used LSD, hallucinogenic mushrooms, opium, and hashish multiple times between 1988 and 1996, and sold marijuana to friends. His marijuana use continued on two weekends while holding a security clearance, and this pattern of drug involvement was considered recent. Falsifying the SF 86 was also cited as criminal conduct.
The judge determined there was insufficient evidence to mitigate the negative implications of the applicant's drug use and dishonesty. Despite some potentially mitigating conditions being raised, none were found applicable to his drug involvement and personal conduct, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant used marijuana after being awarded security clearances.
- He failed to disclose all drug usage on his security clearance applications, raising concerns about his honesty and reliability.
- The judge found no mitigating conditions applicable to his drug involvement and personal conduct.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.5raisedRecent Drug Involvement
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's last drug use was approximately two and a half years before the hearing.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's marijuana use was not isolated, as he used it multiple times.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe judge was not compelled to accept the applicant's stated intention not to use drugs in the future.
- E2.A10.1.3.4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
Key Rule Quoted
“Complete honesty and candor on the part of applicants for access to classified information is essential to make an accurate and meaningful security clearance determination.”
Procedural Posture
- SOR issuedFeb 25, 2004
- Answer filedMar 18, 2004
- Hearing heldOct 7, 2004record kept open for additional documents until 10/21/2004
- Decision dateMar 10, 2005
Cite For
- Denial of Clearance Due to Recent Drug Involvement Under Guideline H
- Failure to Disclose Drug Use on Security Clearance Applications Under Guideline E
- Consideration of Personal Conduct and Honesty in Security Clearance Determinations Under Guideline E.