Summary
The Applicant, a 37-year-old defense contractor, sought to retain his security clearance despite a history of illegal drug use, specifically marijuana, from 1998 until January 2001. The Administrative Judge found that the Applicant did not demonstrate a credible intent to refrain from future drug use, leading to the denial of his clearance application.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Government alleges in this paragraph that the Applicant is ineligible for clearance because the conduct set forth under Paragraph 1, above, also show questionable judgment, untrustworthiness, unreliability, dishonesty or unwillingness to comply with rules and regulations (2.a). The Applicant is ineligible for clearance because he abuses illegal drugs (1.a). The Applicant smoked marijuana after being having a security clearance which was both granted and terminated in 1997 (1.b). The Applicant is ineligible for clearance because he abuses illegal drugs (1.c). The conduct set forth under Paragraph 1 shows questionable judgment, untrustworthiness, unreliability, dishonesty or unwillingness to comply with rules and regulations (2.a).
The judge denied the clearance. The government raised disqualifying conditions H1, E2. The decision turned on the following: The Applicant used illegal drugs from 1998 until at least January 2001; The Applicant did not demonstrate a credible intent not to use drugs in the future; The Applicant's statement indicated a likelihood of future drug use if not for the security clearance application.
Why the Applicant Was Denied
- The Applicant used illegal drugs from 1998 until at least January 2001.
- The Applicant did not demonstrate a credible intent not to use drugs in the future.
- The Applicant's statement indicated a likelihood of future drug use if not for the security clearance application.
Conditions Referenced
- H1raisedDrug Involvement
- E2raisedPersonal Conduct
Key Rule Quoted
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct; the extent to which conduct was negligent, willful, voluntary, or undertaken with the knowledge of the circumstances or consequences involved; and, to the extent that it can be estimated, the probability that conduct will or will not continue in the future.”
Procedural Posture
- SOR issuedApr 23, 2002
- Answer filedMay 17, 2002Requested decision without a hearing.
- Hearing held—
- Decision dateNov 8, 2002
Cite For
- Denial of Clearance Due to Illegal Drug Use Under Guideline H
- Lack of Credible Intent to Refrain From Future Drug Use
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E