Summary
A 29-year-old defense contractor and former Marine was denied a security clearance under Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used cocaine with varying frequency from approximately June 2018 to February 2019 while having access to classified information. Additionally, the applicant was alleged to have used marijuana with varying frequency from about July 2015 to November 2018 while having access to classified information, and from about November 2004 to November 2018.
The judge found that the applicant failed to sufficiently mitigate the security concerns. Disqualifying conditions were raised under AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f), while mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied.
The denial was based on the applicant's admitted use of cocaine and marijuana while having access to classified information. Furthermore, the applicant maintained contact with friends who enabled his drug use, failing to disassociate from drug-using associates. The applicant's two years of abstinence were deemed insufficient to establish a pattern of abstinence, leading to the denial of eligibility for access to classified information.
Why the Applicant Was Denied
- The applicant admitted to using cocaine and marijuana while having access to classified information.
- The applicant maintained contact with friends who enabled his drug use, failing to disassociate from drug-using associates.
- The applicant's two years of abstinence were deemed insufficient to establish a pattern of abstinence.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's drug use was not infrequent and occurred as recently as February 2019.
- AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome ItThe applicant did not disassociate from drug-using associates and lacked a sufficient pattern of abstinence.
Key Rule Quoted
“the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedOct 16, 2020
- Answer filedNov 5, 2020Requested decision based on written record without a hearing.
- Hearing held—Decision made based on written record.
- Decision dateJun 16, 2021
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Failure to Mitigate Security Concerns Related to Illegal Drug Use
- Importance of Disassociating From Drug-using Associates for Clearance Eligibility