Summary
A 52-year-old federal contractor and former Army National Guard member was denied a security clearance under Guideline H (Drug Involvement) due to admitted substance misuse. The applicant acknowledged misusing his wife's prescription Hydrocodone from approximately June 2017 to August 2020, a period that included time when he held a security clearance. This admission formed the basis of the Statement of Reasons, specifically allegation 1.a, concerning the misuse of prescription medication.
Disqualifying conditions AG ¶ 25(a) and AG ¶ 25(f) were raised, while mitigating conditions AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 26(c) were considered. However, the judge ultimately found these mitigating factors insufficient.
The denial was based on the applicant's admission of misusing prescription medication while holding a clearance, his failure to provide evidence of rehabilitation or a consistent pattern of abstinence from drug use, and the absence of medical records or documentation to support any claims of treatment. Consequently, the security clearance was DENIED.
Why the Applicant Was Denied
- The applicant admitted to misusing prescription medication while holding a security clearance.
- He failed to provide evidence of rehabilitation or a pattern of abstinence from drug use.
- The applicant did not submit any medical records or documentation to support his claims of treatment.
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)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 drug abuse was frequent and occurred over a three-year period.
- 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's claimed abstinence of less than one year was insufficient to establish 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 EndedThe applicant abused his wife's prescription without legal justification.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 5, 2021
- Answer filedJan 22, 2021Applicant elected to have his case decided on the written record.
- Hearing held—Case assigned to judge on July 9, 2021.
- Decision dateJul 27, 2021
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Insufficient Evidence of Rehabilitation for Substance Misuse
- Importance of Establishing a Pattern of Abstinence for Mitigating Conditions