Summary
A 24-year-old defense contractor with a Bachelor's Degree in Business was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant admitted to widespread, multiple drug abuse from December 2001 through April 2002 while a full-time college student. This included using marijuana, Ecstasy, cocaine, crystal methamphetamine, Ketamine Hydrochloride, Lortab, Tylenol III with Codeine, Vicodin, Xanax, and various prescription medications such as Adderall, Dexedrine, Ritalin, Wellbutrin, and Zoloft without authorization. He also admitted to purchasing and selling illegal and prescription drugs.
Additionally, the applicant engaged in criminal conduct in March 2002, stealing debit and credit cards from approximately seven fellow cadets' dormitory rooms at a military college and using them to purchase items. He was charged with felony offenses, but in December 2002, he pled guilty to two misdemeanors: Petit Larceny and Receiving Goods/Services Fraudulently ($500 or less). He was sentenced to a suspended one-year jail term and fines and costs totaling $370.00.
The security clearance was denied because the applicant's history of criminal conduct and extensive drug abuse demonstrated poor judgment and unreliability. The judge found insufficient evidence of rehabilitation or reform to mitigate the government's concerns regarding his character and ability to maintain a security clearance.
Why the Applicant Was Denied
- The applicant engaged in criminal conduct, including theft and drug abuse, demonstrating poor judgment and unreliability.
- The applicant's extensive history of drug abuse and criminal conduct raised doubts about his character and ability to maintain security clearance.
- The applicant failed to provide persuasive evidence of rehabilitation or reform sufficient to mitigate the government's concerns.
Conditions Referenced
- J1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- J2raisedA Single Serious Crime or Multiple Lesser Offenses
- H1raisedAny Drug Abuse
- H2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale or Distribution
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk.”
Procedural Posture
- SOR issuedJul 12, 2005
- Answer filedSep 7, 2005Applicant elected to have the case determined on a written record.
- Hearing held—No hearing; case determined on written record.
- Decision dateMay 17, 2006
Cite For
- Denial of Security Clearance Due to Criminal Conduct Under Guideline J
- Denial of Security Clearance Due to Drug Involvement Under Guideline H
- Insufficient Evidence of Rehabilitation to Mitigate Security Concerns