PSH-24-0040 - In the Matter of Personnel Security Hearing

On January 11, 2024, an Administrative Judge determined that the Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual signed and submitted a Questionnaire for National Security Positions (QNSP) in connection with seeking access authorization in September 2019 and was granted a security clearance in November 2019. He certified and submitted another QNSP in March 2023. In both his QNSP forms, he certified that in the last seven years he had not illegally used any drugs or controlled substances. The Local Security Office (LSO) later determined that the Individual had omitted information in both his QNSPs and during his ESI regarding his prior use of marijuana. In his Amended LOI response and during the hearing, the Individual admitted that he had used marijuana approximately five times between spring 2018 and May 2019. He testified that he had not disclosed his marijuana use due to his misinterpretation of the question regarding drug use and his belief that marijuana was not a drug or controlled substance that needed to be disclosed on the QNSP. To support his claims of abstinence since May 2019, the Individual submitted copies of negative drug tests. His testimony regarding his dates of prior marijuana use was also corroborated by the source that reported his prior drug use to the DCSA investigator, and was consistent with his disclosures that he made during a prior military investigation. The Administrative Judge found that the Individual had mitigated the Guidelines H and J concerns regarding his prior marijuana use. However, the Administrative Judge concluded that the Individual's explanations for his conduct had not mitigated the Guideline E security concerns, and therefore determined that the Individual's access authorization should not be restored. (OHA Case No. PSH-24-0040, Balzon)