Summary
A 42-year-old engineer with military service was denied a security clearance under Guideline H (Drug Involvement). The denial stemmed from his admitted use of cocaine and marijuana in June 2017, at a time when he had access to classified information. Specifically, the Statement of Reasons alleged that he used both substances once each during that month.
Disqualifying conditions cited included the applicant's drug involvement while having access to classified information and his admitted use of illegal drugs. While mitigating conditions such as evidence of abstinence and a favorable substance abuse evaluation were considered, they were ultimately insufficient to overcome the security concerns.
The judge determined that the applicant's past drug use, coupled with his violation of a previous pledge to abstain from drugs, undermined his reliability and trustworthiness. Furthermore, his explanation for the drug use was deemed not credible, particularly given his age and military background. Consequently, the security clearance was denied.
Why the applicant was denied
- The applicant admitted to using cocaine and marijuana in June 2017 while having access to classified information.
- The applicant violated a previous pledge not to use drugs, undermining his reliability and trustworthiness.
- The applicant's explanation for his drug use was deemed not credible, given his age and military background.
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 past drug use occurred while he was aware of his employer's drug-free policy and after he had pledged not to use drugs.
- 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 pledge not to use illegal drugs in the future was not deemed reliable due to his past broken pledge.
- AG ¶ 26(d)notedSatisfactory Completion of a Prescribed Drug Treatment Program
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedDec 7, 2020
- Answer filedDec 23, 2020
- Hearing heldDec 17, 2021
- Decision dateMay 11, 2022
Cite for
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Credibility Issues Related to Past Drug Use and Pledges
- Importance of Compliance with Employer's Drug-free Policies