Summary
A 26-year-old engineering clerk was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had a history of illegal drug use, beginning marijuana use at age ten and continuing until at least June 1999. He also experimented with other illegal drugs and controlled substances, including LSD, Alparazolam, Diaezepam, Propoxiphene, Hydrocodone, and Clonazenpan.
Further issues arose from his employment as a pharmacy technician, where he stole controlled substances for personal use and distribution to friends between 1996 and May 1999. These substances were sometimes exchanged with a drug dealer for marijuana and LSD. In May 1999, he was arrested and charged with ten counts of possession of controlled substances and drug paraphernalia. He pleaded guilty, received a withheld judgment, and was placed on three years of probation, which concluded favorably in January 2001 after he completed drug counseling.
Despite completing probation and drug counseling, the judge determined that insufficient time had passed since the applicant's last drug-related offense. This history of illegal drug use and theft of controlled substances from his employer, coupled with the recent drug-related arrest and charges, raised significant security concerns regarding his judgment and reliability, leading to the denial of his security clearance.
Why the applicant was denied
- The applicant had a history of illegal drug use and theft of controlled substances from his employer.
- The applicant's drug-related arrest and charges raised serious security concerns regarding his judgment and reliability.
- Insufficient time had passed since the applicant's last drug-related offense to mitigate security concerns.
Conditions referenced
- DC 1raisedAny Drug Use
- DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- DC 1raisedAllegations or Admission of Criminal Conduct
- DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
- MC 3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- MC 4appliedSatisfactory Completion of a Prescribed Drug Treatment Program, Including Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Credentialed Medical Professional
- MC 1appliedThe Criminal Behavior Was Not Recent
Key rule quoted
“The ultimate determination of an applicant's eligibility for a security clearance depends, in large part, on the relevance and materiality of that evidence.”
Procedural posture
- SOR issuedOct 17, 2003
- Answer filedNov 12, 2003
- Hearing heldApr 28, 2004
- Decision dateJun 29, 2004
Cite for
- Denial of Security Clearance Due to History of Drug Abuse and Criminal Conduct
- Insufficient Time for Mitigation of Security Concerns After Completion of Probation
- Serious Security Concerns Raised by Theft of Controlled Substances From Employer