Summary
A 30-year-old accountant was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana 25 times between March 1999 and March 8, 2007, and ecstasy 45 times over several years, establishing a pattern of illegal drug use. Notably, the applicant used marijuana at least once after applying for a security clearance, though not after receiving one.
The judge identified several disqualifying conditions, including H.25(a), H.25(c), E.16(d), and E.16(e). While mitigating conditions H.26(a), H.26(b), and H.26(d) were considered, they were ultimately insufficient. The applicant's last reported drug use in June 2007 was deemed too recent to adequately mitigate the security risks.
Furthermore, the applicant failed to provide corroborating evidence of rehabilitation or a clear intent to abstain from future drug use. Consequently, the judge concluded that the applicant had not successfully mitigated the security concerns, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant admitted to using marijuana 25 times and ecstasy 45 times over several years, demonstrating a pattern of drug abuse.
- The applicant's last drug use was in June 2007, which was deemed too recent to mitigate security concerns.
- The applicant did not provide corroborating evidence of rehabilitation or intent to abstain from drug use in the future.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(c)raisedIllegal Drug Possession, Including Purchase, Sale or Distribution of Illegal Drugs
- E.16(d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- E.16(e)raisedPattern of Rule Violations
- H.26(a)rejectedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's last drug use was in June 2007, which is still considered recent.
- H.26(b)rejectedDemonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide a signed statement of intent or evidence of disassociation from drug-using associates.
- H.26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant has not completed any drug treatment program.
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural Posture
- SOR issuedNov 29, 2007
- Answer filedDec 29, 2007Applicant elected to proceed without a hearing.
- Hearing held—Case decided on written record.
- Decision dateApr 7, 2008
Cite For
- Denial of Clearance Due to Recent Drug Use Under Guideline H
- Impact of DUI Conviction on Personal Conduct Assessment Under Guideline E
- Failure to Provide Corroborative Evidence of Rehabilitation Efforts.