Summary
A 38-year-old construction engineer with a TS/SCI security clearance was denied continued national security eligibility under Guideline H (Drug Involvement). The applicant admitted to using hallucinogenic mushrooms on two separate occasions, specifically in approximately October 2018 and November 2020. Both instances of drug use occurred after he had already been granted access to classified information.
The denial was based on several factors. The applicant failed to disclose his drug use to his employer or security officer following the incidents. Furthermore, his drug use took place during a period when he held significant responsibilities as both a parent and a spouse.
Despite expressing an intent to seek counseling, the judge concluded that the applicant did not demonstrate sufficient mitigation of the security concerns. His actions were deemed to reflect a disregard for the law and the fiduciary relationship with the government, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using hallucinogenic mushrooms while holding a security clearance.
- The applicant failed to disclose his drug use to his employer or security officer after the incidents.
- The applicant's drug use occurred during a period of significant responsibility as a parent and spouse.
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 use occurred while holding a security clearance and was not considered a minor lapse in judgment.
- 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 demonstrate a lengthy enough pattern of abstinence or sufficient actions taken to mitigate the concerns.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 6, 2021
- Answer filedAug 14, 2021
- Hearing heldMar 31, 2022via video teleconference on Microsoft Teams
- Decision dateJul 1, 2022
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Disregard for the Law and Fiduciary Relationship with the Government
- Insufficient Mitigation of Security Concerns Despite Intent to Seek Counseling