Summary
A 35-year-old apprentice electrician was denied a security clearance under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The denial stemmed from a history of illegal drug use, criminal conduct, and personal misconduct, which raised concerns about his reliability and trustworthiness.
Specific allegations included marijuana use from June 1993 to March 2011, spice use until at least March 2011, and unprescribed hydrocodone use from August 2008 to January 2012. He was convicted by court-martial for marijuana use in 2002 and faced charges for marijuana possession in 2005. Criminal conduct included a court-martial conviction for dereliction of duty and wrongful use of marijuana, a guilty plea to misdemeanor trespass following felony charges, and a contempt of court charge in 2006. Additionally, the applicant was alleged to have raped an intoxicated woman in 2002.
Despite evidence of community involvement and reform efforts, the judge found that the applicant's past illegal drug use and criminal behavior were not sufficiently mitigated. His general discharge from the Air Force due to misconduct further supported the denial. Disqualifying conditions were raised under Adjudicative Guidelines 25(a), 25(c), 31(a), and 31(c), while mitigating conditions 26(c) and 32(c) were considered but ultimately did not overcome the concerns.
Why the Applicant Was Denied
- The applicant had a history of illegal drug use, including marijuana and hydrocodone, which raised concerns about his reliability and trustworthiness.
- The applicant's criminal conduct included a court-martial conviction for drug use and multiple arrests, which were not sufficiently mitigated by the passage of time or evidence of rehabilitation.
- The applicant's general discharge from the Air Force due to misconduct further contributed to the denial of his security clearance.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 31(a)raisedSerious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 26(c)appliedAbuse of Prescription DrugsThe applicant's misuse of hydrocodone was after a severe or prolonged illness and has since ended.
- AG ¶ 32(c)appliedDid Not Commit the OffenseThe applicant denied the rape allegation, and the circumstances described suggest the woman was a willing participant.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedDec 6, 2015
- Answer filedDec 18, 2015
- Hearing heldApr 18, 2016
- Decision dateJul 21, 2016
Cite For
- Denial Based on History of Drug Involvement Under Guideline H
- Denial Due to Criminal Conduct Under Guideline J
- Consideration of Personal Conduct Leading to a General Discharge Under Guideline E