Summary
A 36-year-old electro-optical 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 an 18-year history of illegal drug use and multiple criminal charges. The applicant had used marijuana from high school until January 2004 and hashish in 1999, leading to an arrest for possession that same year. Additionally, he faced larceny by check charges in both 1992 and 1993.
The Statement of Reasons noted that the applicant initially omitted his marijuana use from his security clearance application (SF 86) by answering "no" to a question about illegal drug use in the past seven years. While he claimed to have ceased drug use in January 2004 and did not intentionally mislead the government, the judge found his assertions unpersuasive, particularly as his drug use had resumed after passing a prior employment drug test.
Despite the applicant's claims of understanding the seriousness of drug use, the judge determined there was insufficient evidence to mitigate concerns about his past conduct and potential future behavior. The long history of illegal drug use and criminal record, including drug possession and larceny, ultimately led to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant had a long history of illegal drug use, including marijuana and hashish, until January 2004.
- Applicant's criminal history included arrests for drug possession and larceny by check.
- The judge found that the applicant's assertions of understanding the seriousness of drug use were not persuasive. The applicant's drug use resumed after passing a drug test for employment.
Conditions Referenced
- DC 1appliedIllegal Drug Involvement
- DC 2appliedIllegal Drug Possession
- MC 1appliedDrug Use Ceased More Than One Year Before Hearing
- MC 2rejectedThe Drug Involvement Was an Isolated or Aberrational EventApplicant's extensive history of drug use precluded this condition.
- MC 3rejectedDemonstrated Intent Not to Abuse Drugs in the FutureInsufficient evidence to conclude that the applicant would not use drugs again.
Key Rule Quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgement, reliability and trustworthiness of one who will protect the national interests as his or her own.”
Procedural Posture
- SOR issuedApr 27, 2004
- Answer filed—Applicant admitted all allegations.
- Hearing heldJan 11, 2005Applicant testified pro se.
- Decision dateJul 15, 2005
Cite For
- Denial of Security Clearance Due to Extensive Illegal Drug Use Under Guideline H
- Consideration of Criminal Conduct Under Guideline J
- Assessment of Personal Conduct and Intent Under Guideline E