Summary
A 25-year-old software engineer for a defense contractor was denied a security clearance due to extensive drug involvement and criminal conduct, falling under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed that from May 2002 to September 2007, the applicant purchased, used, and sold a variety of illegal or controlled substances, or misused prescription drugs. These included marijuana, cocaine, mushrooms, LSD, MDMA (Ecstasy), opium, Dextromethorphan (DXM), Alpha-methyltryptamine (AMT), Percocet, and Morphine.
Specific purchases during this period included marijuana at least 12 times, mushrooms at least once, LSD at least once, and MDMA (Ecstasy) at least once. The applicant had never received counseling from a recognized drug rehabilitation program nor attended any drug rehabilitation support group activity for his substance abuse.
The denial was based on the applicant's extensive drug use and criminal conduct over a five-year period, including the purchase and sale of illegal substances. Despite the applicant acknowledging past substance abuse and expressing a desire to stop, the judge found insufficient evidence of rehabilitation and ongoing compliance with laws. The applicant's continued drug use after claiming to have stopped raised doubts about his reliability and trustworthiness, and the lack of evidence of successful rehabilitation or participation in drug treatment programs contributed to the denial.
Why the Applicant Was Denied
- Applicant engaged in extensive drug use and criminal conduct over a five-year period, including the purchase and sale of illegal substances.
- Applicant's continued drug use after claiming to have stopped raised doubts about his reliability and trustworthiness.
- Lack of evidence of successful rehabilitation or participation in drug treatment programs contributed to the denial.
Conditions Referenced
- AG ¶ 25(a)appliedDrug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession
- AG ¶ 31(a)appliedSerious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)appliedAdmission of Criminal Conduct
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 issuedFeb 25, 2008
- Answer filedMar 14, 2008
- Hearing heldMay 8, 2008
- Decision dateJun 30, 2008
Cite For
- Denial Based on Extensive Drug Involvement Under Guideline H
- Denial Due to Ongoing Criminal Conduct Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Claims of Intent to Cease Drug Use Under Guideline E