I have received my SOR as of this evening. Below is the exact letter as follows with exact dates redacted:
The US Government disapproved your request for access to classified information on May 2024. Individuals who are granted or maintain access to classified information must meet strict security standards as outlined in the enclosed attachment. Any doubt about whether an individual should be granted or retain access to classified information will be resolved in favor of national security.
The security clearance determination was based on Security Executive Agent Directive 4, National Security Adjudicative Guidelines for Foreign Influence, Personal Conduct, Drug Involvement and Substance Misuse.
On your security clearance application form SF-86 dated March 2024, you reported you illegally used Adderall two times in February 2020, mushrooms four times between December 2016 and April 2020; and THC daily between March 2016 and January 2022. You added you were provided the Adderall by a friend, and purchased mushrooms from a coworker and THC from a dispensary. You listed three foreign contacts, a father, uncle and cousin, who are all citizens of Mexico. You noted you reside with your father in California. During a security interview in March 2024, you clarified you used THC approximately 500 times between March 2016 and January 2022.
During your technical testing in April 2024, you relayed you had underestimated your THC use during security processing, and that the THC use was actually greater than the 500 times previously reported. You reported four additional foreign contacts, a grandmother and three acquaintances. You stated your grandmother is a citizen of Mexico, and the three acquaintances are “possible” citizens of Mexico. You explained that you last had contact with your grandmother in September 2023, and with the three acquaintances in December 2023.
So overall, the reasons given are understandable and I have no real reason to question the legitimacy of the decision. The polygraph is what probably did me over. The 2nd day, I was asked if I knew any other potential foreign contacts and I did list three people as mentioned (I had known them for a while through my cousin, but wasn’t sure if they were citizens even though they were very fluent in English). After the poly I went out of my way to ask the three individuals directly, and I found out two of them are US citizens and one is a permanent resident.
As for underestimating the drug use, it was a genuine, honest mistake. During my phone call about a week after submitting my SF86, I was asked to give a number of how many times I had used marijuana. I spitballed an estimate and said 500 times, but in retrospect, that was a huge mistake. I should have spent considerably more time over the phone to think about how many times I spent using recreational marijuana. The real answer was around 800-900 uses. During the poly I was asked to give a timeline of my use and how many times a day I used marijuana and that’s how it was determined I underestimated my use.
Both of the examples above are pretty much a result of me getting got by the polygraphing techniques. I won’t make any excuses for what happened; I should’ve been more diligent in adding foreign contacts if unsure about adding them on my SF86, and I should’ve spent the time over the phone to give more accurate drug use counts out of general caution. That being said, I do have the option to appeal my case in person or virtually (I would have to spend money to appeal in person, as I live on the west coast, but I would do it in person if possible).
I have the option to appeal the decision, and according to the letter I can reapply with the agency a year from the decision date (but I probably won’t be allowed in). I’ve heard some things about the agency I applied with being unreasonable with appeals, even with excellent legal counsel providing a proper statement. Would I have any chances of being able to appeal these decisions? I remain to abstain from any sort of illicit drug use to this day, but I am not sure how I am supposed to prove that I remain sober. In terms of personal conduct, I should’ve have taken the time to update my SF86 or tell my investigator of other potential foreign contacts (hindsight is 20/20), but I did call my PO to update the amount of times I did marijuana directly after the polygon exam. I am taking some time to read over all of the relevant SEAD guidelines listed in my SOR to develop and present a proper appeal. I am also unsure if spending thousands of dollars on legal counsel is a good move as I am unemployed at the moment. Honestly not sure if spending thousands of dollars on legal counsel is going to be worth it, but I also am not sure how to professionally present an appeal. Any advice?