Summary
A 37-year-old federal contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of drug use, including marijuana use from December 1999 to March 2007, and after completing a court-ordered drug program in October 2006. He also had prior arrests and convictions for drug possession, including cocaine and marijuana in August 1999, and an arrest for possession of cocaine with intent to distribute in April 1991.
Additionally, the applicant's criminal record included multiple offenses. In June 2007, he was convicted of leaving the scene of an accident, reckless driving, and operating an uninsured vehicle. He was found guilty of being a habitual offender in November 2001, convicted of domestic assault in August 1997, and convicted of reckless driving following a hit-and-run arrest in November 1996. The drug-related offenses were also considered under the criminal conduct guideline.
Despite completing a drug treatment program, the judge found insufficient evidence of rehabilitation or a consistent track record of responsible behavior following his last reported drug use. The applicant's history of drug involvement and serious criminal conduct, including domestic assault and hit-and-run incidents, raised significant concerns about his judgment and reliability, leading to the denial of his security clearance application.
Why the Applicant Was Denied
- The applicant had a history of drug involvement, including multiple arrests and convictions for drug-related offenses.
- The applicant's criminal conduct included serious offenses such as domestic assault and hit-and-run incidents, raising concerns about his judgment and reliability.
- The applicant failed to demonstrate a sufficient track record of rehabilitation or responsible behavior after his last drug use.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 31(a)raisedSerious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 26(a)rejectedBehavior Happened so Long AgoThe applicant's drug abuse and criminal conduct were not infrequent and extended into his mid-thirties.
- AG ¶ 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant did not provide sufficient evidence of a commitment to avoid drug use.
- AG ¶ 26(d)rejectedSatisfactory Completion of Drug Treatment ProgramThe applicant completed a drug treatment program but did not demonstrate a favorable prognosis or absence of recurrence.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedApr 28, 2009
- Answer filedMay 27, 2009
- Hearing heldSep 23, 2009
- Decision dateDec 17, 2009
Cite For
- Denial Based on a History of Drug Involvement Under Guideline H
- Denial Due to Multiple Criminal Offenses Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Completion of a Drug Treatment Program