Summary
A 25-year-old electronics engineer was denied a security clearance under Guideline H (Drug Involvement) due to a history of substance misuse. The Statement of Reasons detailed the applicant's admitted drug use, which included marijuana from May 2010 to December 2013, cocaine five to six times between April 2016 and March 2017, and MDMA six times from December 2016 to April 2018.
Further admissions included one instance of LSD use in August 2017, three instances of unprescribed Hydrocodone use in March 2017, and four instances of unprescribed Adderall use from April 2017 to April 2018. These actions raised disqualifying conditions under Adjudicative Guidelines Paragraphs 25(a) and 25(f).
Despite the applicant ceasing drug use in May 2018 and presenting evidence of intent to remain drug-free, the judge determined that more time without drug use was required to establish rehabilitation and trustworthiness. The denial was based on the applicant's continued illegal drug use after being granted a security clearance, which raised concerns about his judgment and ability to comply with laws and regulations. Mitigating conditions under Adjudicative Guidelines Paragraphs 26(a), 26(b), 26(c), and 26(d) were applied but ultimately did not overcome the security concerns.
Why the Applicant Was Denied
- The applicant continued to use illegal drugs after being granted a security clearance.
- The judge found that more time without drug use is necessary to demonstrate rehabilitation and trustworthiness.
- The applicant's drug use raised questions about his ability to comply with laws, rules, and regulations.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence
- AG ¶ 26(c)rejectedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness During Which These Drugs Were Prescribed, and Abuse Has Since Ended
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment Program, Including but Not Limited to Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Duly Qualified Medical Professional
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 27, 2019
- Answer filedFeb 5, 2020
- Hearing heldSep 29, 2020
- Decision dateApr 29, 2021
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Importance of Time Elapsed Without Drug Use for Demonstrating Rehabilitation
- Consideration of Poor Judgment in Drug Use While Holding a Security Clearance