Summary
This case concerns a 26-year-old male applicant whose security clearance was denied under Guideline H (Drug Involvement). The Statement of Reasons detailed extensive illegal drug use from 2011 to 2017. Specifically, the applicant used marijuana approximately 1,000 times between June 2011 and February 2017, and Ecstasy about 19 times from June 2011 to November 2015. Additionally, he used hallucinogenic mushrooms about four times from November 2011 to March 2015, and LSD once in March 2013.
The judge applied Disqualifying Conditions AG ¶ 25(a) and AG ¶ 25(c), while also considering Mitigating Conditions AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 26(d).
Despite the applicant's claim of abstinence since February 2017 and expressed intent to avoid future use, the clearance was denied. The denial was based on the applicant's admitted extensive illegal drug use over a six-year period, which raised concerns about his reliability and trustworthiness. The judge found insufficient corroborating evidence of rehabilitation or a credible commitment to abstain, noting a lack of participation in drug testing or treatment programs to support his assertions of abstinence.
Why the Applicant Was Denied
- The applicant admitted to extensive illegal drug use over a six-year period, raising serious questions about reliability and trustworthiness.
- The applicant failed to provide corroborating evidence of rehabilitation or a credible commitment to abstain from future drug use.
- The applicant's assertions of abstinence were not supported by evidence of participation in drug testing or treatment programs.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's extensive history of drug use and lack of corroborating evidence suggested future use was likely to recur.
- AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions to Overcome Drug InvolvementThe applicant failed to provide sufficient evidence of actions taken to overcome drug involvement.
- AG ¶ 26(d)rejectedCompletion of a Drug Treatment ProgramThe applicant did not provide evidence of participation in a drug treatment program.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedFeb 15, 2019
- Answer filedMar 18, 2019Applicant elected to proceed without a hearing.
- Decision dateJul 10, 2019
Cite For
- Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
- Insufficient Evidence of Rehabilitation and Intent to Abstain From Drug Use
- Importance of Corroborating Evidence in Mitigating Security Concerns