Summary
A 42-year-old former federal employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a positive cocaine test in 2007, which occurred during his employment with a Department of Defense (DoD) agency while he held a security clearance and was subject to random urinalysis.
The applicant contested the denial, asserting that his ingestion of cocaine was unknowing. However, the judge found his explanation unconvincing and improbable, noting a lack of corroborating evidence to support his claims. While one Guideline E allegation was decided for the applicant as it duplicated another, the core Guideline H allegation regarding the positive drug test was decided against him.
Ultimately, the security clearance was denied. The decision cited the positive cocaine test, the unconvincing nature of the applicant's explanation for unknowing ingestion, and his failure to provide supporting evidence, leading to doubts about his reliability and trustworthiness. Disqualifying conditions H 25(a), H 25(b), and H 25(g) were raised, while mitigating conditions H 26(a) and H 26(b) were applied but deemed insufficient to overcome the security concerns.
Why the Applicant Was Denied
- The applicant tested positive for cocaine while employed by a DoD agency.
- The applicant's explanation of unknowing ingestion was deemed unconvincing and improbable.
- The applicant failed to provide corroborating evidence to support his claims.
Conditions Referenced
- H 25(a)raisedAny Drug Abuse
- H 25(b)raisedTesting Positive for Illegal Drug Use
- H 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- H 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Good JudgmentThe applicant's positive drug test was recent and significant.
- H 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not provide sufficient evidence of intent to avoid drug use.
Key Rule Quoted
“"the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedJun 10, 2010
- Answer filedTimely
- Hearing heldOct 15, 2010
- Decision dateNov 30, 2010
Cite For
- Denial of Security Clearance Based on Positive Drug Test Under Guideline H
- Insufficient Evidence to Mitigate Drug Involvement Concerns
- Unconvincing Explanations for Drug Use Allegations