Summary
A 46-year-old defense contractor was denied retention of his security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant had a history of illegal drug use, including marijuana, cocaine, and crystal methamphetamine, which occurred both before and after he was initially granted a security clearance. This drug use also took place after he had previously lost and regained his clearance for similar reasons.
The Statement of Reasons included eight allegations of illegal drug use. Disqualifying conditions under Guideline H included AG ¶ 25(a), AG ¶ 25(g), and AG ¶ 25(h), while AG ¶ 16(c) was raised under Guideline E. Mitigating conditions AG ¶ 26(a) and AG ¶ 26(b) were applied under Guideline H, and AG ¶ 17(c) and AG ¶ 17(d) under Guideline E.
Ultimately, the judge found that the applicant's statements of intent to abstain from drug use lacked credibility due to the recency of his drug use and insufficient evidence of rehabilitation. The applicant's failure to demonstrate a commitment to abstain from drug use led to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to using illegal drugs, including marijuana, cocaine, and crystal methamphetamine, both before and after being granted a security clearance.
- The applicant's drug use occurred after he had previously lost and regained his security clearance due to similar issues.
- The applicant's statements of intent to abstain from drug use were not deemed credible due to the recency of his drug use and lack of sufficient evidence of rehabilitation.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 25(h)raisedExpressed Intent to Continue Illegal Drug Use, or Failure to Clearly and Convincingly Commit to Discontinue Drug Use
- AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Areas
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- AG ¶ 17(d)rejectedThe Individual Has Acknowledged the Behavior and Obtained Counseling
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 issuedJun 10, 2009
- Answer filedJun 25, 2009
- Hearing heldDec 3, 2009
- Decision dateSep 17, 2010
Cite For
- Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Insufficient Evidence of Rehabilitation and Commitment to Abstain From Illegal Drug Use