Summary
This 45-year-old software engineer has a history of marijuana use beginning in 1996 and continuing to at least 2003. He knowingly falsified his answers to drug-related questions on two security clearance applications in 2001 and 2003. Mitigation has not been established, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: 27. Your Use of Illegal Drugs and Drug Activity - Illegal Use of Drugs [since the age of 16 or in the last seven years]. Applicant answered "No," although he knew he used marijuana from 1996 to 2001, as alleged in 1.a., above (2.a). 28. Your Use of Illegal Drugs and Drug Activity - Use in Sensitive Positions [since the age of 16 or in the last seven years]. Applicant answered "No," although he knew he used marijuana after being granted a DoD security clearance in 1991 and again in 2001, as set forth in 1.b., above (2.b). 27. Your Use of Illegal Drugs and Drug Activity - Illegal Use of Drugs [since the age of 16 or in the last seven years]. Applicant answered "Yes," and cited marijuana use on three occasions from January 1, 2002 to March 1, 2003, although he knew he used marijuana from 1996 to 2001, as alleged in 1.a., above (2.c). 28. Your Use of Illegal Drugs and Drug Activity - Use in Sensitive Positions [since the age of 16 or in the last seven years]. Applicant answered "No," although he knew he used marijuana after being granted a DoD security clearance in 1991 and again in 2001, as set forth in 1.b., above (2.d). used marijuana, with varying frequency, from at least 1996 to March 2003; (1.a). continued to use marijuana after being issued a Department of Defense (DoD) Top Secret security clearance on June 1, 1991, and a DoD Secret security clearance on September 20, 2001; (1.b). has not attested that he would not use marijuana in the future; (1.c).
The judge denied the clearance. The government raised disqualifying conditions H.1, H.2, E.1. The decision turned on the following: Applicant has a long history of marijuana use from 1996 to 2003; Applicant knowingly falsified answers regarding drug use on two security clearance applications; No credible evidence was presented to support a claim of future abstinence from drug use.
Why the Applicant Was Denied
- Applicant has a long history of marijuana use from 1996 to 2003.
- Applicant knowingly falsified answers regarding drug use on two security clearance applications.
- No credible evidence was presented to support a claim of future abstinence from drug use.
Conditions Referenced
- H.1raisedDrug Abuse
- H.2raisedIllegal Drug Possession
- E.1raisedFalsification of Material Facts
Key Rule Quoted
“An applicant's admission of the information in specific allegations relieves the Government of having to prove those allegations.”
Procedural Posture
- SOR issuedMar 15, 2005
- Answer filedApr 7, 2005Applicant elected for a decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateNov 2, 2005
Cite For
- Denial Based on Long-term Drug Use Under Guideline H
- Falsification of Security Clearance Application Under Guideline E
- Lack of Established Mitigation for Drug Use and Personal Conduct Issues