Summary
A 35-year-old federal contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a long-term history of drug abuse, primarily marijuana, but also including cocaine, Ecstasy, and hallucinogenic mushrooms, spanning from 1996 to 2009. Specific allegations included last using marijuana in December 2008 and cocaine in June 2009, just months before his clearance application.
The applicant had two employment terminations in 2007 and 2009, both resulting from failed drug tests. He also admitted to using cocaine 12 to 15 times between 2007 and 2009, including at work, and purchasing Ecstasy. Additionally, a personal conduct concern was raised because the applicant resides with an undocumented alien.
Despite a recent negative drug test and expressions of remorse, the judge found insufficient evidence to mitigate the security concerns. The decision concluded that it was too soon to determine if the applicant's drug abuse was safely in the past, leading to the denial of the security clearance.
Why the Applicant Was Denied
- The applicant had a long-term history of drug abuse, including marijuana and cocaine, with multiple positive drug tests leading to terminations.
- The applicant did not present sufficient evidence to mitigate the security concerns stemming from his drug abuse history.
- The judge concluded that it was too soon to tell if the applicant's drug abuse was safely in the past, despite a favorable short-term trend.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- AG ¶ 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 long-term drug abuse history and recent use did not support this condition.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's recent negative drug test and expressions of intent were insufficient to mitigate the concerns.
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 issuedFeb 10, 2011
- Answer filed—
- Hearing heldJun 29, 2011via video teleconference
- Decision dateAug 15, 2011
Cite For
- Long-term History of Drug Abuse Under Guideline H
- Insufficient Evidence to Mitigate Drug Involvement Concerns
- Consideration of the Whole-person Concept in Security Clearance Decisions