Summary
A 49-year-old defense contractor employee was denied a top secret security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal marijuana use spanning over 28 years, from 1973 to 2001, including a period between 1996 and 2000 when he held a "Q" security clearance.
Beyond the drug use, a significant factor in the denial was the applicant's repeated dishonesty on security clearance applications and during investigations. This pattern of deliberate falsification raised serious doubts about his judgment, reliability, and overall security eligibility.
Despite favorable work performance evaluations, the judge found that the applicant's recent claims of abstinence from marijuana were not supported by a sufficient period of confirmed abstinence or credible evidence of rehabilitation. Consequently, the applicant's request to retain his security clearance was denied.
Why the Applicant Was Denied
- The applicant illegally used marijuana for over 28 years, including during the time he held a security clearance.
- The applicant repeatedly lied on his Security Clearance Applications and to investigators, demonstrating a lack of candor and trustworthiness.
- The applicant's recent claims of abstinence were not supported by a sufficient period of confirmed abstinence or credible evidence of rehabilitation.
Conditions Referenced
- H.1.araisedDrug Involvement
- E.2.araisedQuestionable Judgment
- E.2.braisedLack of Candor
- H.3.1rejectedNot Recent Drug InvolvementThe judge rejected the applicant's characterization of his drug use as an event in the 'distant past'.
- H.3.2rejectedIsolated or Aberrational EventThe applicant's long history of drug use negated the application of this mitigating condition.
- H.3.4rejectedCompletion of a Prescribed Drug Treatment ProgramThe counseling program was not sufficiently detailed to qualify as a prescribed drug treatment program.
- H.3.3rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's lack of a longer period of abstinence undermined his claims of intent to avoid future drug use.
Key Rule Quoted
“The issuance of the clearance is 'clearly consistent with the interests of national security.'”
Procedural Posture
- SOR issuedSep 29, 2005
- Answer filedOct 24, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 14, 2006
Cite For
- Denial of Security Clearance Due to Long-term Drug Abuse Under Guideline H
- Lack of Candor and Dishonesty Impacting Security Clearance Eligibility Under Guideline E
- Insufficient Evidence of Rehabilitation and Intent to Abstain From Drug Use.