Summary
A 25-year-old data entry analyst was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons cited her history of drug abuse, including heroin and other opiates from December 2007 to June 2013, and prescription drugs like Percocet, Oxycontin, and Suboxone during a similar period. She was diagnosed as opiate dependent and admitted to illegal drug use after receiving a prior clearance in 2011. Additionally, she was charged and found guilty of refusing to pay train fare in September 2012 and August 2014.
While the applicant demonstrated positive changes and reported sobriety since July 2013, the judge found these efforts insufficient to mitigate the concerns. Disqualifying conditions included her history of drug abuse and illegal drug use after receiving a clearance. Although mitigating conditions such as the passage of time and successful rehabilitation efforts were considered, they were not enough to overcome the judge's concerns.
The denial was based on the applicant's history of multiple relapses after treatment, the insufficient time since her last drug use to establish confidence in her sobriety, and the pattern of previous treatment successes being followed by relapses, which raised doubts about her reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant has a history of drug abuse, including heroin and prescription drugs, with multiple relapses after treatment.
- Insufficient time has passed since the applicant's last drug use to establish confidence in her sobriety.
- The applicant's previous treatment successes were followed by relapses, raising concerns about her reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(d)raisedDiagnosis of Drug Dependence
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance Granted
- AG ¶ 26(a)appliedBehavior Occurred Long AgoThe applicant has been clean for nearly three years, but previous relapses were noted.
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse DrugsThe applicant has distanced herself from drug-using associates and environments.
- AG ¶ 26(d)rejectedCompletion of Drug Treatment ProgramThe applicant's treatment is ongoing, and no prognosis has been provided.
Key Rule Quoted
“"[N]o one has a ‘right’ to a security clearance."”
Procedural Posture
- SOR issuedNov 25, 2015
- Answer filedDec 7, 2015
- Hearing heldN/ADecision on the record without a hearing.
- Decision dateApr 28, 2016
Cite For
- Insufficient Time to Establish Sobriety Under Guideline H
- Impact of Past Drug Use on Security Clearance Eligibility
- Consideration of Ongoing Treatment in Security Clearance Decisions