Summary
A 31-year-old defense contractor was denied a security clearance due to unresolved concerns under Guideline H (Drug Involvement), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant admitted to using cocaine in August 2021 while having access to classified information and subsequently failed a urinalysis test for cocaine in September 2021.
Further allegations included his discharge from the U.S. Air Force in January 2022 for the illegal use of a controlled substance, specifically violating Article 112a of the Uniform Code of Military Justice (UCMJ) by wrongfully using a controlled substance.
The denial was primarily based on the applicant's admitted cocaine use while holding a clearance, the failed drug test, and the recency of his drug involvement. A lack of corroborating evidence of sobriety and his Air Force discharge for drug use were also critical factors in the decision. While some mitigating conditions were considered, they were insufficient to overcome the disqualifying conditions.
Why the Applicant Was Denied
- The applicant admitted to using cocaine while granted access to classified information.
- He failed a drug test for cocaine, testing positive shortly after the use.
- The recency of his drug use and lack of corroborating evidence of sobriety were significant factors in the decision.
- The applicant's discharge from the Air Force for drug use was a critical consideration.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
- AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 31(b)raisedEvidence of Criminal Conduct
- AG ¶ 26(b)appliedAcknowledgment of Drug InvolvementThe applicant acknowledged his drug involvement and participated in a treatment program.
- AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe recency of the drug use and lack of evidence of sobriety did not support this condition.
- AG ¶ 31(d)rejectedEvidence of Successful RehabilitationInsufficient time had passed since the drug use and lack of recent sobriety evidence.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedJul 19, 2022
- Answer filedAug 9, 2022Elected to have case decided on written record.
- Hearing held—Decision made based on written record.
- Decision dateMar 31, 2023
Cite For
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Impact of Recency of Drug Use on Security Clearance Eligibility
- Consideration of Personal Conduct and Criminal Conduct in Security Clearance Decisions