Summary
A 28-year-old defense contractor was denied retention of her security clearance under Guideline H (Drug Involvement) due to her admitted use of Oxycontin without a prescription. The Statement of Reasons detailed that from September 2008 to at least April 2009, the applicant was a substance abuser, using Oxycontin without a prescription approximately one to two times per month, totaling 10 to 12 instances. Furthermore, she drove her boyfriend to his dealer on several occasions to obtain Oxycontin and, in April 2009, drove alone to a dealer to acquire three Oxycontin pills for him.
Disqualifying conditions related to drug involvement were raised, specifically concerning the pattern of drug use, the involvement in drug transactions, and the failure to seek assistance. While mitigating conditions were applied, acknowledging the passage of time since the drug involvement and the applicant's efforts toward rehabilitation, these were ultimately insufficient.
The denial was based on several factors: the applicant's drug involvement was considered ongoing rather than an isolated incident, which undermined her claims of rehabilitation. Her continued association with a drug-using boyfriend and the circumstances surrounding her drug use raised significant doubts about her judgment and reliability. Additionally, the period of her abstinence was deemed too brief to adequately mitigate the security concerns.
Why the Applicant Was Denied
- The applicant's drug involvement was ongoing and not an isolated incident, undermining her claims of rehabilitation.
- Her continued association with a drug-using boyfriend and the circumstances of her drug use raised doubts about her judgment and reliability.
- The applicant's abstinence period was deemed too brief to mitigate the security concerns.
Conditions Referenced
- AG ¶ 25(a)appliedDrug Abuse
- AG ¶ 25(c)appliedIllegal Drug Possession
- AG ¶ 25(g)appliedIllegal Drug Use After Clearance Granted
- AG ¶ 26(a)rejectedBehavior Occurred Long Ago or Was InfrequentThe judge found the applicant's drug use was not infrequent and occurred over several months.
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse DrugsThe applicant took steps to end her relationship with her boyfriend and pledged not to use drugs.
- AG ¶ 26(d)rejectedCompletion of Drug Treatment ProgramThe therapy sessions and evaluations did not qualify as a recognized drug treatment program.
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
Procedural Posture
- SOR issuedMay 17, 2010
- Answer filedJun 15, 2010Notarized response to SOR.
- Hearing heldNov 30, 2010
- Decision dateMay 10, 2011
Cite For
- Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
- Importance of Demonstrating a Significant Period of Abstinence for Mitigating Drug Use Concerns
- Evaluation of Applicant's Conduct Under the Whole-person Concept in Security Clearance Determinations.