Summary
A 37-year-old male applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement). The Statement of Reasons detailed his regular alcohol use to intoxication between 2018 and September 2021, and his cocaine abuse from approximately April 2019 to October 2021, which occurred while he possessed a security clearance.
Further, the applicant received a non-judicial punishment under the Uniform Code of Military Justice (UCMJ) in October 2021 for the use or possession of a controlled substance. This incident was not mitigated under the personal conduct guideline.
Despite completing an inpatient treatment program, the applicant failed to provide sufficient independent evidence of rehabilitation or a clear pattern of modified consumption or abstinence. His admitted history of excessive alcohol and cocaine use, coupled with the UCMJ punishment, led to the denial of his security clearance, as these issues raised significant concerns about his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant admitted to excessive alcohol use and cocaine abuse while holding a security clearance.
- He received a non-judicial punishment under the UCMJ for drug use, which raised significant concerns about his reliability.
- The applicant did not provide independent evidence of rehabilitation or a clear pattern of modified consumption or abstinence.
Conditions Referenced
- AG ¶ 22(a)appliedAlcohol-related Incidents
- AG ¶ 22(c)appliedHabitual or Binge Consumption of Alcohol
- AG ¶ 25(a)appliedSubstance Misuse
- AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
- AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
- AG ¶ 25(e)appliedFailure to Successfully Complete a Drug Treatment Program
- AG ¶ 25(f)appliedIllegal Drug Use While Granted Access to Classified Information
- AG ¶ 16(c)appliedCredible Adverse Information
- AG ¶ 16(d)appliedCredible Adverse Information Supporting a Whole-person Assessment
- AG ¶ 23(b)appliedAcknowledgment of Alcohol Use and Actions Taken
- AG ¶ 23(d)appliedSuccessful Completion of a Treatment Program
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Obtaining Counseling
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedFeb 13, 2023
- Answer filedFeb 14, 2023
- Hearing heldDec 4, 2023via Teams video teleconference
- Decision dateMar 13, 2024
Cite For
- Denial of Security Clearance Due to Substance Abuse Under Guidelines E, G, and H
- Insufficient Evidence of Rehabilitation After Substance Abuse
- Impact of Non-judicial Punishment on Security Clearance Eligibility