Summary
The applicant, a 32-year-old systems engineer manager, was denied a security clearance under Guideline H due to a history of illegal drug use from 2003 until April 2010, including cocaine and marijuana, which continued after he was granted a security clearance in 2005. The judge found insufficient evidence of rehabilitation or a likelihood that the applicant's drug use would not recur.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant illegally used drugs from 2003 until April 2010 (1.a). Applicant used drugs after he was granted a security clearance in August 2005 (1.b). Applicant used cocaine approximately once a year at parties, concerts, or holiday celebrations (1.c). Applicant bought cocaine twice from random, unknown people (1.d). Applicant illegally used marijuana from June 2003 until December 2008 (1.e). Applicant bought marijuana approximately 10 times from random unknown people (1.f). Applicant stated that he did not like the feeling he got from cocaine or marijuana and stopped using them (1.g).
The judge denied the clearance. The government raised disqualifying conditions H.24(a), H.24(c), H.24(d). The judge applied mitigating conditions H.26(a), H.26(b), H.26(d). The decision turned on the following: The applicant illegally used drugs from 2003 until April 2010, including after being granted a security clearance in 2005; The applicant failed to provide sufficient evidence of rehabilitation or a significant period of abstinence from drug use.
Why the Applicant Was Denied
- The applicant illegally used drugs from 2003 until April 2010, including after being granted a security clearance in 2005.
- The applicant failed to provide sufficient evidence of rehabilitation or a significant period of abstinence from drug use.
Conditions Referenced
- H.24(a)raisedAny Drug Abuse
- H.24(c)raisedIllegal Drug Possession
- H.24(d)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- H.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 drug use spanned approximately 12 years and included recent use.
- H.26(b)rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's promise to abstain lacked corroboration and evidence of lifestyle changes.
- H.26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant presented no evidence of participation in drug counseling or rehabilitation.
Key Rule Quoted
“"The Government reposes a high degree of trust and confidence in persons with access to classified information."”
Procedural Posture
- SOR issuedMar 22, 2011
- Answer filedMay 26, 2011Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on the written record.
- Decision dateNov 4, 2011
Cite For
- Denial of Security Clearance Due to Ongoing Illegal Drug Use Under Guideline H
- Insufficient Evidence of Rehabilitation After a Lengthy History of Drug Involvement
- The Importance of Corroborative Evidence in Demonstrating Intent to Abstain From Drug Use