Summary
A 24-year-old human resources generalist was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). Allegations included a history of drug abuse involving OxyContin from April to September 2004, cocaine use from 2000 to summer 2004, and marijuana use from 1998 to summer 2004. She received inpatient treatment for opiate dependence from January to March 2004, followed by outpatient treatment from August 2004 to February 2005 for polysubstance dependence and an adjustment disorder, and further outpatient treatment from March 2004 to at least April 2006.
Additionally, it was alleged that the applicant deliberately falsified her May 2005 security clearance application (SF 86) by only disclosing OxyContin abuse and omitting marijuana and cocaine use. Disqualifying conditions H 25(a), H 25(c), and E 16(a) were raised.
However, the judge found that the applicant's drug involvement concerns were mitigated. She voluntarily sought rehabilitation treatment, has maintained abstinence from all illicit substances since September 2004, and has made significant lifestyle changes. The judge also determined that her failure to disclose all prior drug use on the SF 86 was not intentional, as she intended to provide full details to an investigator. Mitigating conditions H 26(b) and E 15 were applied, leading to the granting of her security clearance.
Why the Applicant Prevailed
- The applicant demonstrated good judgment by voluntarily seeking rehabilitation treatment for her drug abuse.
- She has maintained abstinence from all illicit substances since September 2004 and has changed her lifestyle and associates.
- The judge found that the applicant's failure to disclose prior drug use was not intentional, as she intended to provide full details to an investigator.
Conditions Referenced
- H 25(a)raisedDrug Abuse
- H 25(c)raisedIllegal Drug Possession
- E 16(a)raisedDeliberate Omission
- H 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- E 15rejectedFailure to Provide Truthful AnswersThe judge found the applicant's failure to disclose was not intentional.
Key Rule Quoted
“An applicant has the ultimate burden of demonstrating that it is clearly consistent with the national interest to grant or continue his security clearance.”
Procedural Posture
- SOR issuedNov 16, 2006
- Answer filedJan 23, 2007Requested decision based on written record.
- Hearing heldMay 8, 2007Applicant did not testify.
- Decision dateJul 30, 2007
Cite For
- Mitigation of Drug Involvement Concerns Under Guideline H
- Non-intentional Failure to Disclose Prior Drug Use Under Guideline E
- Demonstrated Intent Not to Abuse Drugs in the Future