Summary
A 61-year-old linguist/translator was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his purchase and use of hashish in April 2010 while working for a Government contractor in a foreign country. This occurred after he had been granted a top secret security clearance in 2007.
The judge determined that the applicant's actions raised significant concerns regarding his reliability and judgment, especially given his awareness of the legal implications of drug use. Disqualifying conditions under AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(g) were raised, while mitigating conditions under AG ¶ 26(a), AG ¶ 26(b), AG ¶ 26(c), and AG ¶ 26(d) were applied.
Ultimately, the clearance was denied because the applicant used hashish while holding a top secret clearance, and his claim of using it for a gastrointestinal illness was not considered legally justified due to the availability of alternative treatments. The applicant's illegal drug use occurred under normal circumstances, and he did not demonstrate a commitment to future abstinence from illegal drugs.
Why the Applicant Was Denied
- The applicant used hashish while holding a top secret security clearance, which raised questions about his reliability and judgment.
- The applicant's claim of using hashish due to a gastrointestinal illness was not deemed legally justified, as he had access to alternative treatments.
- The applicant's illegal drug use occurred under normal circumstances, and he failed to demonstrate a commitment to abstain from illegal drugs in the future.
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 ¶ 26(a)rejectedThe Drug Involvement Was Not Recent or Occurred Under Extraordinary CircumstancesThe applicant's use of hashish was recent and not justified by extraordinary circumstances.
- AG ¶ 26(b)appliedThe Applicant Has Demonstrated a Commitment to Not Use Illegal Drugs in the FutureThe applicant promised not to use illegal drugs, but insufficient time had passed to establish a pattern of abstinence.
- AG ¶ 26(c)notedThe Applicant Has Successfully Completed a Drug Treatment Program
- AG ¶ 26(d)notedThe Applicant's Drug Use Was Isolated or Infrequent
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 16, 2011
- Answer filedMar 22, 2011
- Hearing heldJul 19, 2011Applicant's counsel requested a postponement until mid-July.
- Decision dateOct 12, 2011
Cite For
- Disqualifying Conditions Related to Drug Involvement Under Guideline H
- The Impact of Recent Illegal Drug Use on Security Clearance Eligibility
- The Necessity of Demonstrating a Commitment to Abstain From Illegal Drug Use for Clearance Approval.