Summary
A 49-year-old senior engineer for a defense contractor was denied a security clearance under Guideline H (Drug Involvement). The applicant had a history of marijuana use from age 17 until graduating college in 1984. After a 24-year period of abstinence, he resumed using marijuana approximately 30 times between May 2006 and May 2007. This occurred despite having submitted a security clearance application in October 2001, which made him aware that illegal drug use could be a concern.
The denial was based on several factors. The applicant's decision to resume marijuana use after a long hiatus indicated a lack of judgment and reliability. Furthermore, this drug use occurred while he was employed in positions requiring a security clearance, demonstrating a disregard for both the law and security policies.
Although the applicant had subsequently abstained from drug use and engaged in counseling, these efforts were not deemed sufficient to mitigate the security concerns. The judge concluded that the applicant's recent conduct was serious and raised significant doubts about his ability to protect national interests, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant resumed marijuana use after a 24-year hiatus, indicating a lack of judgment and reliability.
- The applicant's drug use occurred while he was employed in positions requiring security clearance, demonstrating disregard for the law and security policies.
- The applicant's recent conduct was deemed serious and raised doubts about his ability to protect national interests.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's recent drug use was too recent to conclude he would not use drugs in the future.
- AG ¶ 26(d)rejectedSatisfactory Completion of Drug Treatment ProgramThe counseling program was not prescribed by a medical professional and did not sufficiently mitigate concerns.
Key Rule Quoted
“A fair and commonsense assessment of all available information shows there are still doubts about his ability or willingness to protect the government’s interests as his own.”
Procedural Posture
- SOR issuedJul 23, 2008
- Answer filed—
- Hearing heldOct 21, 2008
- Decision dateDec 23, 2008
Cite For
- Denial of Security Clearance Due to Recent Drug Involvement Under Guideline H
- Impact of Illegal Drug Use on Security Clearance Eligibility
- Consideration of the Whole Person Concept in Security Clearance Decisions