Summary
A 30-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his admitted marijuana use and his provision of false information on security clearance applications.
Specifically, the applicant admitted to using marijuana 13 times between 1993 and June 2005. This included approximately eight instances between August 1998 and June 2005, and five to ten instances between February 1993 and February 1996. Some of this marijuana use occurred while he held a security clearance.
Furthermore, the applicant deliberately provided false information on his 2001 SF 86 by not fully disclosing his marijuana use and gave a false answer on his 2005 SF 86, denying drug use while possessing a security clearance. The judge found that the applicant failed to mitigate security concerns, concluding that his promise to abstain from future drug use was insufficient.
Why the Applicant Was Denied
- Applicant admitted to using marijuana 13 times, including while holding a security clearance.
- Applicant provided false information on his security clearance applications regarding his drug use.
- The applicant's promise to refrain from drug use in the future was deemed insufficient to mitigate concerns.
Conditions Referenced
- H DC 1raisedDrug Involvement
- E DC 2raisedPersonal Conduct
- E DC 3raisedPersonal Conduct
- E DC 5raisedPersonal Conduct
- H MC 1rejectedDrug InvolvementApplicant's last use of marijuana was less than 90 days before his application.
- H MC 2rejectedDrug InvolvementApplicant's marijuana use was not isolated or aberrational.
- H MC 3rejectedDrug InvolvementApplicant did not demonstrate a sufficient track record of no drug abuse.
- E MC 1rejectedPersonal ConductThe false statements were established by substantial evidence.
- E MC 2rejectedPersonal ConductThe falsification was not isolated and occurred while holding a security clearance.
- E MC 5rejectedPersonal ConductInsufficient steps taken to mitigate vulnerability to coercion.
Key Rule Quoted
“"Improper or illegal involvement with drugs raises questions regarding an individual's willingness or ability to protect classified information."”
Procedural Posture
- SOR issuedJun 30, 2006
- Answer filedJul 14, 2006Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateNov 17, 2006
Cite For
- Denial of Clearance Due to Drug Involvement While Holding a Security Clearance
- False Statements on Security Clearance Applications as Disqualifying Conduct
- Insufficient Mitigation of Security Concerns Related to Personal Conduct and Drug Use