Summary
A 40-year-old defense contractor employee was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The Statement of Reasons detailed a history of drug abuse and criminal conduct dating back to the late 1990s. Specifically, the applicant smoked marijuana approximately twice a week from about 1998 to September 2011 and used methamphetamine about twice a week from about 2004 to September 2011. This established a pattern of possessing and using illegal drugs for over ten years.
Disqualifying conditions were raised under H 25(a), H 25(c), J 31(a), and J 31(c). While mitigating conditions H 26(a), H 26(b), J 32(a), and J 32(d) were considered, the judge ultimately found them insufficient.
The denial was based on the applicant's extensive history of drug abuse and criminal conduct, which included domestic violence and burglary. The judge determined that the applicant's claims of rehabilitation did not adequately mitigate the security concerns, resolving doubts in favor of national security and concluding that the past behavior raised questions about reliability and trustworthiness.
Why the applicant was denied
- The applicant has a long history of drug abuse and criminal conduct spanning over a decade.
- The applicant's claims of rehabilitation were insufficient to mitigate the security concerns.
- The judge resolved doubts in favor of national security, concluding that the applicant's past behavior raises questions about his reliability and trustworthiness.
Conditions referenced
- H 25(a)raisedDrug Abuse
- H 25(c)raisedIllegal Drug Possession
- J 31(a)raisedSerious Crime or Multiple Lesser Offenses
- J 31(c)raisedAdmission of Criminal Conduct
- H 26(a)rejectedBehavior Happened Long AgoThe applicant's drug abuse and criminal conduct were extensive and recent enough to raise ongoing concerns.
- H 26(b)rejectedDemonstrated Intent Not to Abuse DrugsThe applicant's claims of intent to avoid drug use were not supported by sufficient evidence of rehabilitation.
- J 32(a)rejectedTime Elapsed Since Criminal BehaviorThe length and volume of the applicant's criminal history left doubts about his current reliability.
- J 32(d)rejectedEvidence of Successful RehabilitationThe applicant's past behavior and lack of recent criminal activity were insufficient to demonstrate successful rehabilitation.
Key rule quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”
Procedural posture
- SOR issuedMay 18, 2015
- Answer filedJun 8, 2015Applicant elected to proceed without a hearing.
- Hearing held—Case decided on written record.
- Decision dateMay 25, 2016
Cite for
- Denial of Security Clearance Due to Extensive Drug Involvement and Criminal History
- Insufficient Evidence of Rehabilitation Despite Claims of Intent to Change
- Importance of Resolving Doubts in Favor of National Security