Summary
A 27-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to an extensive history of illegal drug use and controlled substance abuse. The Statement of Reasons detailed the applicant's admitted intermittent use of marijuana, cocaine, LSD, ecstasy, and psychedelic mushrooms, as well as the abuse of Adderall. The applicant also admitted to purchasing these substances.
Disqualifying conditions under Guideline H, specifically AG ¶ 25(a) and AG ¶ 25(c), were raised. While mitigating conditions AG ¶ 26(a), AG ¶ 26(b)(1), AG ¶ 26(b)(2), AG ¶ 26(b)(3), and AG ¶ 26(b)(4) were considered, they were ultimately deemed insufficient.
The denial was based on the applicant's significant history of drug involvement and the failure to demonstrate sufficient lifestyle changes or a robust support system. Despite two years of abstinence since September 2011, this period was not considered adequate to overcome the past drug use and the lack of evidence of rehabilitation.
Why the Applicant Was Denied
- The applicant had a significant history of illegal drug use and abuse of controlled substances.
- The applicant failed to demonstrate sufficient lifestyle changes or a support system to mitigate security concerns.
- The applicant's two years of abstinence were insufficient to overcome the past drug use and lack of evidence of rehabilitation.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant did not provide sufficient evidence to support this claim.
- AG ¶ 26(b)(1)rejectedDisassociation From Drug-using Associates and ContactsThe applicant did not demonstrate significant disassociation from past drug-using contacts.
- AG ¶ 26(b)(2)rejectedChanging or Avoiding the Environment Where Drugs Were UsedThe applicant failed to provide evidence of changes in his environment.
- AG ¶ 26(b)(3)rejectedAn Appropriate Period of AbstinenceTwo years of abstinence were deemed insufficient without further evidence of rehabilitation.
- AG ¶ 26(b)(4)rejectedA Signed Statement of Intent with Automatic Revocation of Clearance for Any ViolationThe applicant did not provide such a statement.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 8, 2013
- Answer filedMay 22, 2013Applicant admitted all but one allegation.
- Hearing held—Applicant chose not to have a live hearing.
- Decision dateOct 25, 2013
Cite For
- Insufficient Evidence of Rehabilitation After Drug Use Under Guideline H
- Importance of Lifestyle Changes in Mitigating Drug Involvement Concerns
- Burden of Persuasion on the Applicant to Demonstrate Fitness for Security Clearance.