Summary
A 35-year-old defense contractor employee was denied retention of his security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana on at least May 25 and 26, 1998, and subsequently tested positive for the drug on June 4, 1998, during an employer-mandated test. These instances of marijuana use occurred after he had been granted a secret clearance on April 28, 1995.
Further, the applicant was alleged to have deliberately provided false or misleading information to an official representative in connection with a personnel security determination. This included adulterating a urine sample during a drug test, which was seen as a deliberate attempt to conceal drug use.
While the applicant completed drug counseling and maintained a clean record for twenty-two months, these mitigating factors were deemed insufficient. The judge concluded that the applicant's actions, particularly the admitted marijuana use and the adulteration of a urine sample, raised significant and unmitigated concerns regarding his reliability and trustworthiness, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to using marijuana and adulterating a urine sample, which raised serious concerns about his reliability and trustworthiness.
- The applicant's actions demonstrated a deliberate attempt to conceal drug use, undermining his credibility.
- Despite completing drug counseling and maintaining a clean record for twenty-two months, the applicant failed to sufficiently mitigate the security concerns raised by his past conduct.
Conditions referenced
- E2.A2.1raisedDrug Involvement
- E2.A2.2raisedIllegal Drug Possession
- E2.A2.3raisedDeliberately Providing False or Misleading Information
- E2.A2.5raisedA Pattern of Dishonesty or Rule Violations
- E2.A3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's actions were not isolated due to the deliberate nature of the drug use and subsequent adulteration.
- E2.A3.3rejectedDemonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past actions raised doubts about his future intentions.
- E2.A3.4rejectedThe Falsification Was an Isolated IncidentThe applicant's pattern of dishonesty regarding drug use and test results was not isolated.
Key rule quoted
“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
Procedural posture
- SOR issuedOct 1, 1999
- Answer filedJan 11, 1999
- Hearing held—Decided based on written record.
- Decision dateMay 17, 2000
Cite for
- Security Concerns Related to Drug Involvement Under Guideline H
- Impact of Dishonesty on Security Clearance Eligibility Under Guideline E
- Mitigation Challenges in Cases Involving Drug Use and Falsification of Test Results