Summary
A 35-year-old intern for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to a long history of illegal drug use, including marijuana, hallucinogenic mushrooms, amphetamines, cocaine, and heroin/opium, with usage spanning from about 2004 to at least 2020. He also admitted to purchasing marijuana, cocaine, and heroin/opium on various occasions, and to using unprescribed Adderall.
Further personal conduct issues included being terminated from employment in about 2018 for testing positive for illegal drugs. Additionally, in about 2010 or 2011, he fraudulently submitted another person's urine during an employer-administered drug test.
The judge found that the applicant failed to mitigate the security concerns. Despite the application of some mitigating conditions, the applicant did not provide sufficient evidence of actions taken to overcome his drug involvement or establish a pattern of abstinence. Consequently, his eligibility for access to classified information was denied.
Why the Applicant Was Denied
- The applicant admitted to a long history of illegal drug use, including multiple controlled substances.
- He submitted false information during drug tests, demonstrating a lack of candor and questionable judgment.
- The applicant failed to provide evidence of actions taken to overcome his drug involvement or establish a sufficient pattern of abstinence.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 26(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's drug use continued for many years and only ceased recently.
- AG ¶ 26(b)rejectedAcknowledgment and Actions to Overcome Drug InvolvementThe applicant did not provide evidence of actions taken to overcome his drug issues.
- AG ¶ 26(c)rejectedAbuse of Prescription Drugs After Severe IllnessThe applicant's misuse of Adderall was not mitigated by this condition.
Key Rule Quoted
“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedDec 19, 2022
- Answer filedDec 22, 2022
- Hearing held—Decision made on written record.
- Decision dateJan 11, 2024
Cite For
- Denial Based on Extensive Drug Involvement Under Guideline H
- Lack of Candor and Personal Conduct Issues Under Guideline E
- Insufficient Evidence of Rehabilitation or Abstinence From Drug Use