Summary
The applicant, a 55-year-old avionics technician for a defense contractor, faced security concerns under Guidelines E, F, H, and J due to a lengthy history of drug abuse, multiple arrests, and unresolved financial difficulties. Despite some efforts at rehabilitation, the judge found insufficient evidence to mitigate concerns regarding the applicant's reliability and trustworthiness, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: been charged on five separate occasions between May 1988 and March 2000 for traffic-related offenses (1.a). been terminated by his former employer for failure to comply with his company's employee assistance program (EAP) relating to his drug usage (1.b). falsified his security clearance application (SF-86) of September 1992 by answering no to ever using illegal substances, omitting two of his alcohol-related arrests (1.c). falsified his SF-86 of June 2002 by omitting two of his alcohol-related offenses (1.d). understated his marijuana use in a signed, sworn statement given to a DoD investigator in 1999 (1.e). petitioned for Chapter 7 bankruptcy in September 1996 and received his discharge in December 1996 (1.a). accumulated additional delinquent debts between 1998 and 2000 that exceed over $8,000.00 (1.b). the largest of these four debts is a $8,473.00 credit card debt, which Applicant used to finance his drug purchases (1.c). Applicant documents paying the three smaller debts (creditors 3.b, 3.c and 3.e), but not the largest debt (creditor 3.d) (1.d). Claiming to dispute the creditor d debt, Applicant provides no documentation of any payment of this account of satisfactory explanation of why he is not obligated to this creditor (1.e). Applicant provides no further documentation of correspondence between himself and the bank creditor (1.f). used marijuana with varying frequency, at times daily, from about 1972 to at least January 2000 (2.a). purchased marijuana (2.b). continued to use marijuana after he had been granted a security clearance in May 1988 and September 1993 (2.c). been terminated from his employment with Company A in January 2000 for violation of a last chance memo and violation of the terms and conditions of Company A's drug-free workplace program, after testing positive for marijuana in a urinalysis test (2.d).
The judge denied the clearance. The government raised disqualifying conditions E2.A5.1.2.4, E2.A5.1.2.5, E2.A8.1.2.1, E2.A8.1.2.2, E2.A8.1.2.5. The judge applied mitigating conditions E2.A5.1.3.1, E2.A5.1.3.5, E2.A8.1.3.1, E2.A8.1.3.4. The decision turned on the following: The applicant has a significant history of drug-related arrests and convictions over a 12-year period; He failed to adhere to the directives of an employer-sponsored drug treatment program, resulting in termination; The applicant's financial difficulties remain unresolved, with substantial debts linked to his drug use; Deliberate omissions in his security clearance application were not mitigated by subsequent disclosures.
Why the Applicant Was Denied
- The applicant has a significant history of drug-related arrests and convictions over a 12-year period.
- He failed to adhere to the directives of an employer-sponsored drug treatment program, resulting in termination.
- The applicant's financial difficulties remain unresolved, with substantial debts linked to his drug use.
- Deliberate omissions in his security clearance application were not mitigated by subsequent disclosures.
Conditions Referenced
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- E2.A8.1.2.5raisedFailure to Successfully Complete a Drug Treatment Program Prescribed by a Credentialed Medical Professional
- E2.A5.1.3.1rejectedThe Conduct Was Not RecentThe applicant's lengthy history of drug use raises concerns about the likelihood of recurrence.
- E2.A5.1.3.5rejectedEvidence of Rehabilitation or Other Permanent Changes in BehaviorThe applicant's assurances of drug avoidance lack corroboration and are insufficient to mitigate concerns.
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's extensive history of drug use prevents a finding that sufficient time has passed since his last use.
- E2.A8.1.3.4rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant's past behavior and lack of evidence of successful rehabilitation do not support this claim.
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 issuedJul 6, 2005
- Answer filedAug 1, 2005Applicant elected to have the case decided on the written record.
- Hearing held—
- Decision dateJun 20, 2006
Cite For
- Disqualifying Conditions Related to Drug Abuse Under Guideline H
- Impact of Financial Difficulties on Security Clearance Eligibility Under Guideline F
- The Significance of Deliberate Omissions in Security Clearance Applications Under Guideline E.