Summary
A 22-year-old systems administrator for a Department of Defense contractor was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).
The applicant's history included a Driving While Intoxicated (DWI) arrest in September 2005 and an underage alcohol possession citation in October 2005. While the applicant's current alcohol use was not deemed problematic, a pattern of illegal drug use was identified. This included marijuana use on at least ten occasions between June 2004 and June 2007, cocaine use on three occasions in July 2003, and psilocybin use on approximately three occasions in June 2003. Additionally, the applicant admitted to selling marijuana from June 2004 to June 2007.
Despite some mitigating factors for alcohol and drug use, the clearance was denied. The decision highlighted the applicant's admitted multiple instances of illegal drug use, including the purchase and sale of marijuana, and the fact that the last illegal drug use occurred less than two years before the security clearance application.
Why the Applicant Was Denied
- The applicant admitted to multiple instances of illegal drug use, including marijuana, cocaine, and psilocybin, over several years.
- The applicant engaged in the purchase and sale of marijuana, raising significant security concerns.
- The applicant's last use of illegal drugs occurred less than two years prior to the application for a security clearance.
Conditions Referenced
- H 25(a)appliedDrug Involvement Disqualifying Condition
- H 25(c)appliedIllegal Drug Possession
- J 31(a)appliedCriminal Conduct Disqualifying Condition
- J 31(c)appliedAdmission of Criminal Conduct
- G 23(a)appliedAlcohol Consumption Mitigating Condition
- H 26(a)rejectedDrug Involvement Mitigating ConditionThe applicant's drug use occurred on numerous occasions over a five-year period, and the last use was less than two years ago.
- J 32(a)rejectedCriminal Conduct Mitigating ConditionThe applicant's criminal behavior continued until June 2007, and the extent of his involvement in illegal activities was not sufficiently mitigated.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 24, 2008
- Answer filedNov 4, 2008Requested determination without a hearing.
- Hearing held—Determination made based on written submissions.
- Decision dateFeb 13, 2009
Cite For
- Denial Based on Ongoing Illegal Drug Use and Criminal Conduct
- Mitigating Factors for Alcohol Consumption Under Guideline G
- Insufficient Evidence to Mitigate Drug Involvement and Criminal Conduct Concerns.