PSH-20-0019 - In the Matter of Personnel Security Hearing

On February 28, 2020, an Administrative Judge determined that an individual's access authorization under 10 C.F.R. Part 710 should not be granted. In the course of an investigation into the Individual, the Local Security Office (LSO) determined that the Individual had omitted information pertaining to a past termination, a past history of marijuana use, and his arrest record, which consisted of one drug-related offense. The Administrative Judge did not find the Individual endeavored to mislead the investigators with regard to his past termination, as the Individual did disclose that he had been "let go" from a prior position.  However, the Administrative Judge found the Individual's explanations for his failure to disclose his past marijuana use and arrest record unconvincing based on the admissions in the Letter of Interrogatory (LOI) and Triggered Enhanced Subject Interview (TESI), which indicated the Individual had omitted this information so as not to jeopardize his chances of obtaining his clearance. Further, the Individual did not put forth any evidence that he made prompt or good faith efforts to correct the omission, concealed this information based on the advice of a professional or legal counsel, obtained counseling to change his behavior, or that the omission was a minor offense.

The Administrative Judge found that the Individual had sufficiently mitigated Guideline H concerns. The Individual testified that he had not engaged in drug use since his drug-related offense in approximately 2013 or 2014, and submitted a negative toxicology report to evidence his voluntary abstinence. The Individual also signed a letter of intent not to use drugs and completed and online drug and alcohol awareness course. The evidence provided established that the behavior happened so long ago, that it is unlikely to recur.

Based on the significant passage of time, the Individual's pursuit of higher education, and good employment record, it was also determined that the Individual sufficiently mitigated the Guideline J concerns presented by the LSO. The Individual's drug-related offense took place in 2013 or 2014, during which time the Individual was enrolled as a student in a technical institute. The Individual continued to receive various certifications and joined a professional organization. The record does not reveal any other criminal offense, charge, or arrest. OHA Case No. PSH-20-0019 (Steven Fine).