Summary
A 50-year-old first class rigger was denied a security clearance under Guideline H (Drug Involvement) due to a history of cocaine abuse. The Statement of Reasons alleged daily cocaine use from approximately June 2002 to July 2006, including use at work or reporting to work under the influence. It also noted cocaine use after being granted a Department of Defense secret clearance in August 2000, and attendance at a drug rehabilitation program in July 2006 due to perceived addiction.
Disqualifying conditions related to drug involvement were raised, while mitigating conditions concerning the passage of time and rehabilitation were considered. However, the judge ultimately found that the applicant's recent drug use, specifically a relapse in April 2012 after completing rehabilitation, raised significant concerns.
The denial was based on the applicant's continued cocaine abuse, his failure to seek counseling or support after the relapse, and inconsistent statements regarding his drug use, which undermined his credibility. These factors led to the conclusion that the applicant's reliability and trustworthiness were compromised.
Why the applicant was denied
- The applicant abused cocaine daily from June 2002 to June 2006 and used it again in April 2012 after completing rehabilitation.
- The applicant did not seek counseling or support after his relapse, indicating a lack of commitment to sobriety.
- The applicant's inconsistent statements regarding his drug use undermined his credibility.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's recent relapse and history of drug abuse do not support this condition.
- AG ¶ 26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's failure to seek help after his relapse indicates insufficient intent to avoid future drug use.
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant's relapse and lack of a favorable prognosis from a qualified professional undermine this condition.
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 issuedMar 7, 2012
- Answer filedMar 19, 2012
- Hearing heldMay 23, 2012
- Decision dateJun 29, 2012
Cite for
- Denial of Security Clearance Due to Recent Drug Use After Rehabilitation
- Credibility Issues Arising From Inconsistent Statements About Drug Use
- Failure to Demonstrate Intent to Avoid Future Drug Abuse