Summary
A 39-year-old systems administrator was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to extensive illegal drug use over several years, including marijuana, cocaine, and other controlled substances. This was further evidenced by a positive drug test in May 2015, which led to his employment termination. Additionally, he admitted to three DWI arrests in 2000, 2006, and 2013.
A significant factor in the denial was the applicant's admission to falsifying responses in section 23 of his security clearance application regarding his drug use. This raised concerns about his personal conduct and trustworthiness.
While some mitigating conditions were considered, the judge ultimately found insufficient evidence of rehabilitation or a firm commitment to abstain from future drug use. The judge concluded that the applicant had not demonstrated adequate assurance of future compliance with security standards, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to extensive illegal drug use, including cocaine and other controlled substances.
- He falsified information on his security clearance application regarding drug use.
- Despite some efforts to abstain, the judge found insufficient evidence to assure future compliance with security standards.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement
- AG ¶ 16(a)raisedDeliberate Omission or Concealment
- AG ¶ 16(b)raisedProviding False or Misleading Information
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(f)raisedViolation of a Written Commitment
- AG ¶ 26(b)appliedAcknowledgment of Drug InvolvementThe applicant acknowledged his drug involvement and expressed intent to abstain.
- AG ¶ 17(a)appliedPrompt Efforts to Correct OmissionsThe applicant corrected his omission of drug use during his clearance interview.
- AG ¶ 17(c)rejectedMinor or Infrequent OffensesThe applicant's drug use was not infrequent or minor, and insufficient time has passed to conclude that it will not recur.
- AG ¶ 17(d)rejectedAcknowledgment and CounselingThe applicant provided no evidence of counseling or rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 21, 2018
- Answer filedJun 18, 2018
- Hearing held—Decided on written record.
- Decision dateFeb 19, 2019
Cite For
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Falsification of Information on Security Clearance Application Under Guideline E
- Insufficient Evidence of Rehabilitation or Commitment to Abstain From Drug Use.