Summary
A 41-year-old defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had a history of marijuana and other illegal drug use from 1990 to 2016. In 1999, while in the military, he tested positive for marijuana and cocaine, resulting in non-judicial punishment and an other than honorable conditions discharge.
In March 2005, the applicant was charged with conspiracy and homicide related to a murder in June 2005. He and friends, after drinking and using drugs, went to the victim's house intending a fistfight. During the altercation, a friend fatally shot the victim. The applicant was acquitted of all charges, including first-degree murder, and was never placed on probation or parole. He has had no contact with the other individuals involved since 2006. In December 2011, he was charged with being under the influence of a controlled substance after using methamphetamine with friends; this charge was later dropped. He did not list the 2005 arrest or the 2011 charges on his August 2016 e-QIP.
While the applicant mitigated the criminal conduct concerns under Guideline J, he failed to mitigate the drug involvement concerns under Guideline H. The recency of his marijuana use in 2016 and his inability to clearly and convincingly commit to discontinuing drug misuse were the primary reasons for the denial of access to classified information.
Why the Applicant Was Denied
- The applicant's extensive history of drug use, including marijuana and other illegal substances, raised significant security concerns.
- The applicant failed to demonstrate a clear and convincing commitment to abstain from future drug use, particularly marijuana.
- The recency of the applicant's last marijuana use in June 2016 was deemed insufficient to mitigate the concerns under Guideline H.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement and Substance Misuse
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Substance Misuse
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 21, 2018
- Answer filedJun 5, 2018
- Hearing heldDec 12, 2018
- Decision dateAug 28, 2019
Cite For
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Mitigating Factors Related to Criminal Conduct Under Guideline J
- Importance of Demonstrating Commitment to Abstain From Illegal Drug Use for Security Clearance Eligibility