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Summary

The applicant, a 28-year-old defense contractor employee, faced security concerns under Guideline E (personal conduct), Guideline F (financial considerations), Guideline H (drug involvement), and Guideline J (criminal conduct) due to a history of extensive drug use, criminal charges, and financial delinquencies. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant did not disclose any other illegal drug use, or his misuse of prescription drugs (3.a). He did not disclose the full extent of his illegal drug use until his second background interview, in July 2015 (3.b). $6,104 delinquent child support account (2.a). $1,200 delinquent phone bill (2.b). $953 debt to a federal government entity (2.c). $516 delinquent medical account (2.d). $398 delinquent medical account (2.e). $367 delinquent phone bill (2.f). $272 delinquent medical account (2.g). $191 delinquent child support account (2.h). $80 debt in collection (2.i). $1,279 charged-off credit card account (2.j). $459 delinquent phone bill (2.k). The applicant was charged with driving under the influence of liquor/drugs/vapors, driving under the influence of marijuana, and possession of marijuana (1.a). The applicant was arrested and charged with possession of drug paraphernalia after the police found a marijuana pipe in his pocket during a traffic stop (1.b). The applicant was arrested during a traffic stop (1.c). The applicant was charged with misdemeanor theft-control property, felony second-degree trafficking in stolen property, and possession of drug paraphernalia (1.d). The applicant used marijuana at least weekly, and often every other day, until October 2014 (1.e). The applicant began using and purchasing heroin, smoking heroin every other day until about February 2014 (1.f). The applicant misused Percocet by taking more than the prescribed amount, at age 24 (1.g). The applicant was diagnosed with polysubstance and opioid dependence, amphetamine abuse, and cannabis abuse (1.h). The applicant experienced withdrawal symptoms and approached his parents for help, leading to an inpatient detoxification program (1.i). The applicant sold his own possessions and stole money and valuables from his mother to finance his drug habit (1.j). The applicant attended three months of inpatient drug counseling and treatment at a facility in another state, from April to June 2013 (1.k). The applicant completed the program, but resumed using drugs again soon thereafter (1.l). The applicant's parents sent him to an inpatient detoxification program, where he spent several days (1.m). The program provider recommended additional counseling and treatment, but the applicant did not go (1.n). Applicant was charged with misdemeanor theft-control property, felony second-degree trafficking in stolen property, and possession of drug paraphernalia (4.a).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 31(a), AG ¶ 31(b), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 26(c). The decision turned on the following: The applicant had a long history of illegal drug use, including marijuana and heroin, which raised significant concerns about his reliability and trustworthiness; He failed to provide evidence of successful rehabilitation or a pattern of abstinence from drug use after multiple treatment attempts; The applicant's financial issues included numerous delinquent accounts, which he did not adequately address or mitigate.

Why the Applicant Was Denied

• The applicant had a long history of illegal drug use, including marijuana and heroin, which raised significant concerns about his reliability and trustworthiness.
• He failed to provide evidence of successful rehabilitation or a pattern of abstinence from drug use after multiple treatment attempts.
• The applicant's financial issues included numerous delinquent accounts, which he did not adequately address or mitigate.

Conditions Referenced

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

• SOR issuedJun 9, 2016
• Answer filedAug 31, 2016
• Hearing held—Decision based on written record.
• Decision dateSep 14, 2017

Cite For

• Denial of Security Clearance Due to Extensive Drug Involvement Under Guideline H
• Failure to Mitigate Financial Issues Under Guideline F
• Lack of Candor in Security Clearance Application Under Guideline E