Summary
The applicant, a 48-year-old federal contractor, faced security clearance denial due to a history of drug use, criminal conduct, and significant financial delinquency. Despite not using marijuana since 2002 and completing treatment, the judge found insufficient evidence of rehabilitation and ongoing financial irresponsibility, leading to a denial of the security clearance.
Under Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Credit Card, $1,123.00 owed, charged off as bad debt September 1996 (3.a). Cable, $281.00, collection since arch 1997 (3.b). Auto finance, $9,353.73, judgment January 1998 (3.c). Auto finance, $5,665.00, judgment January 1999 (3.d). Credit Card, $800, collection November 1999 (3.e). Medical debt, $200.00, collection August 2000 (3.f). Bank, $208.00, charged off bad debt June 2001 (3.g). Auto finance, $837.00, charged off as bad debt July 2001 (3.h). Medical debt, $59.00, collection February 2002 (3.i). Telephone, $120.00, collection August 2002 (3.j). Applicant used marijuana from 1977 to 2002 (2.a). Applicant was arrested three times for drug offenses (2.b). Applicant used marijuana after he started the security clearance application process (2.c). Applicant received treatment for drug abuse and was diagnosed as dependent on cannabis (2.d). Applicant failed a drug treatment program due to a diluted drug sample (2.e). Applicant has a history of relapses with drug use (2.f). Applicant has made claims in the past that he intended to remain drug-free, but has relapsed (2.g). Applicant was arrested on January 1, 1997, and charged with driving under the influence of alcohol. He also admitted to the police that he had inhaled marijuana prior to driving (1.a). Applicant was arrested on January 29, 1998, and charged with possession of marijuana. He was found guilty and was sentenced to 30 days in jail, with 30 days suspended, fined $300.00, plus $138.00 in court costs, and placed on one year probation (1.b). Applicant was arrested on June 4, 1998, and was charged with possession of marijuana, driving with a suspended license, and other non-moving traffic violations. Applicant was found guilty of driving on a suspended license and the non-moving traffic violations. The possession charge was nolle prossed (1.c). Applicant was arrested on September 9, 1998, and charged with felony possession of marijuana. On March 24, 2000, Applicant was ordered to complete a drug diversion program. Applicant received treatment from June 1, 2000 to July 21, 2000, at the Country Mental Health Center. He was again diagnosed as cannabis dependent (1.d).
The judge denied the clearance. The government raised disqualifying conditions E2.A8.1.2.1, E2.A8.1.2.2, E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A10.1.2.1, E2.A10.1.2.4, E2.A10.1.3.6, E2.A8.1.3.1, E2.A8.1.3.3, E2.A6.1.3.1, E2.A6.1.3.3, E2.A6.1.3.4, E2.A6.1.3.6. The decision turned on the following: The applicant has a long history of drug use and relapses, including use after applying for a security clearance; The applicant has significant delinquent debts totaling over $8,000, with minimal efforts to resolve them; The applicant's past behavior raises concerns about his reliability and trustworthiness in handling classified information.
Why the Applicant Was Denied
- The applicant has a long history of drug use and relapses, including use after applying for a security clearance.
- The applicant has significant delinquent debts totaling over $8,000, with minimal efforts to resolve them.
- The applicant's past behavior raises concerns about his reliability and trustworthiness in handling classified information.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.2.1rejectedThe Conduct Was Not RecentAlthough the applicant's last conviction was in 2001, the judge found the history of drug use and financial irresponsibility concerning.
- E2.A10.1.2.4rejectedThe Person Did Not Voluntarily Commit the ActThe applicant's repeated relapses and drug use during the security application process indicated a lack of control.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationThe judge determined that it was too soon to conclude the applicant was successfully rehabilitated.
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's history of drug use and relapses raised ongoing concerns.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past behavior and relapses undermined his claims of intent.
- E2.A6.1.3.1rejectedThe Behavior Was Not RecentThe applicant's financial issues were ongoing and unresolved.
- E2.A6.1.3.3rejectedConditions Largely Beyond the Person's ControlThe applicant did not provide evidence of circumstances beyond his control affecting his finances.
- E2.A6.1.3.4rejectedReceived Counseling for the ProblemThe applicant did not demonstrate effective steps taken to resolve financial issues.
- E2.A6.1.3.6rejectedGood-faith Effort to Repay CreditorsThe applicant's efforts to resolve debts were minimal and lacked a concrete plan.
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedJul 15, 2004
- Answer filedAug 9, 2004Applicant responded to SOR allegations.
- Hearing heldSep 15, 2005Hearing conducted as scheduled.
- Decision dateOct 7, 2005
Cite For
- Denial Based on Long History of Drug Use and Relapses Under Guideline H
- Financial Irresponsibility and Delinquency Under Guideline F
- Insufficient Evidence of Rehabilitation Despite Treatment Completion Under Guideline H.