Summary
A 31-year-old control center specialist was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed primarily from the applicant's history of marijuana use, which included a positive drug test in July 2019 while he already held a security clearance. This drug use occurred during his employment with a federal contractor, raising concerns about his judgment.
The Statement of Reasons specifically cited the positive marijuana test and the applicant's questionable judgment regarding his drug use. Disqualifying conditions under Guideline H were raised, including drug involvement that is recent, frequent, or habitual, and a demonstrated intent to continue drug use.
Despite the applicant acknowledging his drug use and undergoing counseling, the Administrative Judge found insufficient evidence of rehabilitation or a consistent pattern of abstinence. While mitigating conditions were considered, such as the passage of time since the drug use and the applicant's voluntary participation in a rehabilitation program, these were not enough to overcome the security concerns. Ultimately, the lack of sufficient evidence of rehabilitation led to the denial of the security clearance due to concerns about the applicant's reliability and trustworthiness.
Why the applicant was denied
- The applicant tested positive for marijuana while holding a security clearance.
- The applicant's marijuana use occurred during his employment with a federal contractor.
- The applicant failed to provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.
Conditions referenced
- AG ¶ 25(a)raisedAny Substance Abuse
- AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 26(a)rejectedThe 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 JudgmentThe applicant's marijuana use was recent and occurred while holding a security clearance.
- AG ¶ 26(b)rejectedThe 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 AbstinenceThe applicant did not provide sufficient evidence of actions taken to overcome his drug use.
Key rule quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural posture
- SOR issuedNov 20, 2020
- Answer filednullApplicant submitted an undated response admitting the allegations.
- Hearing heldnullDecision made based on the written record.
- Decision dateJun 9, 2021
Cite for
- Denial of Security Clearance Due to Recent Illegal Drug Use
- Insufficient Evidence of Rehabilitation for Drug Involvement
- Consideration of Reliability and Trustworthiness Under Guideline H