Summary
A 35-year-old systems engineer was denied a security clearance under Guideline H (Drug Involvement) due to a history of illegal drug use. The applicant's drug involvement spanned from his high school years to September 2000, including cocaine use while holding a top-secret clearance and during active military duty, often in conjunction with soliciting prostitutes. He also used heroin, LSD, hallucinogenic mushrooms, and marijuana, and had a 1996 conviction for possession of drug paraphernalia. His drug use led to financial problems and a bankruptcy filing in February 1996.
While the applicant claimed abstinence from illegal drugs since September 2000 and expressed no intent to use them in the future, citing his involvement in Alcoholics Anonymous and spiritual-based recovery groups since June 1995, the judge noted a pattern of short-term abstinence followed by relapse. Disqualifying conditions related to drug involvement were raised, despite the application of mitigating conditions for successful rehabilitation and the passage of time.
The denial was based on the applicant's extensive history of illegal drug use, particularly its connection to sexual activities and military service. Concerns were raised about his pattern of relapses and the potential for future drug use, especially given his ongoing struggles with sexual addiction and lack of professional counseling for these behaviors. The judge concluded that the risk of future drug use could not be ruled out.
Why the applicant was denied
- The applicant had a long history of illegal drug use, including cocaine and heroin, particularly during periods of military service and in connection with sexual activities.
- The applicant's relapses into drug use after periods of sobriety raised concerns about his ability to maintain abstinence in the future.
- The applicant's ongoing struggles with sexual addiction and the potential for future drug use were deemed significant risks.
Conditions referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.3.1appliedThe Drug Involvement Is Not Recent
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's history of relapses and ongoing struggles with sexual addiction undermined the credibility of his intent.
Key rule quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural posture
- SOR issuedMay 24, 2004
- Answer filedJun 4, 2004Applicant requested a hearing.
- Hearing heldSep 20, 2004Hearing was expedited.
- Decision dateDec 17, 2004
Cite for
- Denial Based on History of Drug Involvement Under Guideline H
- Risk of Future Drug Use Due to Past Behavior
- Credibility of Intent to Abstain From Drug Use in Light of Relapses