Summary
A 37-year-old defense contractor employee was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of drug use, including marijuana from 1999 to 2013, ecstasy in August 2014, and cocaine in August 2015. Alcohol-related incidents included a citation for an open container in May 2015 and two DUI convictions, one in January 2016 and another in October 2016.
The applicant's criminal conduct also involved multiple driving-related offenses. These included arrests and convictions for driving on a suspended license and driving without a valid license in June 2008, February 2010, June 2010, and February 2011. The February 2010 and February 2011 incidents resulted in probation violations and jail sentences of 15 and 90 days, respectively.
The judge determined that the applicant failed to mitigate these concerns. Specifically, the applicant did not sufficiently address the long history of drug use, demonstrate a clear pattern of abstinence or rehabilitation for alcohol-related incidents, or resolve the ongoing criminal conduct, as he remained on probation at the time of the hearing.
Why the Applicant Was Denied
- The applicant had a long history of drug use, including marijuana, ecstasy, and cocaine, which he did not sufficiently mitigate.
- The applicant had multiple alcohol-related incidents, including two DUI convictions, and did not demonstrate a clear pattern of abstinence or rehabilitation.
- The applicant's criminal conduct included several convictions for driving-related offenses, and he was still on probation at the time of the hearing.
Conditions Referenced
- H.25(a)raisedSubstance Misuse
- H.25(c)raisedIllegal Possession of a Controlled Substance
- G.22(a)raisedAlcohol-related Incidents
- J.31(a)raisedPattern of Minor Offenses
- J.31(b)raisedEvidence of Criminal Conduct
- J.31(c)raisedCurrently on Probation
- H.26(a)rejectedBehavior Unlikely to RecurThe applicant's drug involvement was recent and he provided no evidence of intent to abstain.
- H.26(b)rejectedAcknowledgment and Evidence of Actions TakenThe applicant did not provide evidence of actions taken to overcome substance misuse.
- G.23(a)rejectedTime Passed or Infrequency of BehaviorThe applicant's alcohol-related incidents were too recent to mitigate concerns.
- G.23(d)rejectedSuccessful Completion of TreatmentThe applicant was still in an alcohol treatment program and had not demonstrated a clear pattern of abstinence.
- J.32(a)rejectedTime Elapsed Since Criminal BehaviorInsufficient time had passed since the applicant's last conviction.
- J.32(d)rejectedEvidence of Successful RehabilitationThe applicant had not demonstrated successful rehabilitation.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 5, 2017
- Answer filedAug 22, 2017
- Hearing heldDec 5, 2017
- Decision dateNov 19, 2018
Cite For
- Failure to Mitigate Substance Misuse Under Guideline H
- Multiple Alcohol-related Incidents Leading to Security Concerns Under Guideline G
- Criminal Conduct Impacting National Security Eligibility Under Guideline J