Summary
The applicant, a 35-year-old operations supervisor for a defense contractor, faced security concerns under Guideline H due to significant drug involvement, including the use of opiates and heroin. Despite a history of treatment and claims of abstinence, the judge found insufficient evidence to mitigate the concerns, leading to a denial of the security clearance.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant is a substance abuser whose choice of substances was identified by Applicant as marijuana and various opiates, including Vicodin, Percocet, and heroin (1.a). Commencing in February 2009, three years after he had been granted a security clearance, and continuing until May 2013, Applicant purchased opiates on a regular basis to sustain his daily recreational use of them (1.b). When the Percocet or Vicodin were unavailable, Applicant turned to heroin which he also purchased from unidentified individuals (1.c). Applicant was diagnosed as opiate dependent (1.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g). The decision turned on the following: The applicant admitted to significant drug involvement, including the use of opiates and heroin after being granted a security clearance; The applicant's inconsistent explanations regarding the nature of his drug use raised doubts about his reliability and trustworthiness; The applicant failed to provide evidence of sustained abstinence or rehabilitation sufficient to mitigate the security concerns.
Why the Applicant Was Denied
- The applicant admitted to significant drug involvement, including the use of opiates and heroin after being granted a security clearance.
- The applicant's inconsistent explanations regarding the nature of his drug use raised doubts about his reliability and trustworthiness.
- The applicant failed to provide evidence of sustained abstinence or rehabilitation sufficient to mitigate the security concerns.
Conditions Referenced
- AG ¶ 25(a)appliedDrug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession
- AG ¶ 25(g)appliedIllegal Drug Use After Being Granted a Security Clearance
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedDec 3, 2015
- Answer filedJan 8, 2016Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on the written record.
- Decision dateJan 3, 2017
Cite For
- Insufficient Evidence of Rehabilitation Under Guideline H
- Inconsistent Explanations Regarding Drug Use Affecting Credibility
- Denial Based on Failure to Mitigate Drug Involvement Concerns