Summary
A 34-year-old business development manager for a defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana at least 20 times between March 1996 and June 2003. This drug use continued after the birth of his two children and, critically, after he submitted his security clearance application.
Further concerns arose from an arrest and conviction for drinking in public, which occurred shortly after his last admitted marijuana use. The applicant also incorrectly listed the date of this arrest on his security clearance application. These issues collectively raised questions about his judgment and reliability.
The judge determined that the applicant's marijuana use was recent and not isolated, with his last use occurring less than two years before the decision. This, combined with the public intoxication arrest, demonstrated a pattern of questionable judgment and rule violations. Consequently, the applicant did not mitigate the security concerns, and his security clearance was denied.
Why the Applicant Was Denied
- The applicant admitted to using marijuana at least 20 times over a period of seven years, including after the birth of his children and after submitting his security clearance application.
- The applicant's last use of marijuana was less than two years prior to the decision, which the judge deemed recent and not isolated.
- The applicant's arrest for drinking in public shortly after his last marijuana use demonstrated a pattern of questionable judgment and rule violations.
Conditions Referenced
- E2.A8.1.2.2raisedDrug Abuse
- E2.A5.1.2.2raisedReliable Unfavorable Information
- E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
- E2.A8.1.3.1rejectedNot Recent Drug InvolvementThe applicant's last use of marijuana was less than two years prior to the decision.
- E2.A8.1.3.2rejectedIsolated or Aberrational EventThe applicant's drug use was not isolated, as he used marijuana multiple times over several years.
- E2.A8.1.3.3rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's statement of intent to reform was not sufficient to demonstrate a lack of future drug use.
- E2.A5.1.3.1rejectedInformation Not Pertinent to JudgmentThe applicant's conduct was pertinent to determining his judgment, trustworthiness, and reliability.
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 eligible for a security clearance.”
Procedural Posture
- SOR issuedJan 14, 2005
- Answer filedFeb 7, 2005Applicant admitted allegations under Guideline H.
- Hearing held—Applicant elected to have the matter decided on the written record.
- Decision dateMay 27, 2005
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Consideration of Recent Drug Use in Security Clearance Decisions