Summary
The applicant, a 34-year-old mechanical engineer, faced security clearance denial under Guideline E (Personal Conduct) and Guideline H (Drug Involvement) due to a history of illegal drug use, including marijuana and cocaine, while holding a security clearance. Despite demonstrating remorse and a commitment to abstain from drugs, the judge found that the applicant's long-term drug use and continued association with drug-using friends raised significant concerns about his reliability and judgment.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant illegally used drugs after being granted access to classified information at the secret level in December 2001 (2.a). Applicant failed to disclose his past marijuana use in his 2001 SCA (2.b). Applicant illegally used marijuana from 1993-1994 until January 2010 (1.a). Applicant illegally used cocaine twice between 2003 and 2007 (1.b). Applicant illegally used drugs after being granted access to classified information at the secret level in 2001 (1.d).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g), AG ¶ 16(e), AG ¶ 16(g). The decision turned on the following: The applicant had a long history of illegal drug use, including marijuana and cocaine, while holding a security clearance; His drug use was recent and occurred after being granted access to classified information; The applicant failed to provide evidence of rehabilitation or a current lack of substance abuse issues.
Why the Applicant Was Denied
- The applicant had a long history of illegal drug use, including marijuana and cocaine, while holding a security clearance.
- His drug use was recent and occurred after being granted access to classified information.
- The applicant failed to provide evidence of rehabilitation or a current lack of substance abuse issues.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Purchase, Sale, or Distribution
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedDec 6, 2010
- Answer filedJan 28, 2011
- Hearing heldMar 30, 2011
- Decision dateJun 22, 2011
Cite For
- Denial Based on Extensive History of Illegal Drug Use While Holding a Security Clearance
- Failure to Demonstrate Rehabilitation or Lifestyle Changes
- Impact of Personal Conduct on Security Clearance Eligibility