Summary
A 24-year-old network administrator was denied a security clearance under Guideline H (Drug Involvement) due to extensive past drug use and related convictions. The Statement of Reasons detailed multiple instances of drug involvement, including the purchase and use of cocaine at least 10 times between July and September 2003, and marijuana use approximately three times a week from May 2000 to January 2003.
Additionally, the applicant was found guilty of possession of controlled substances in October 2000 and possession of paraphernalia in November 2000. The applicant also admitted to using ecstasy on at least one occasion in 1999. While the ecstasy use was considered mitigated due to its isolated nature and timing, the overall pattern of drug involvement, including recent use of marijuana and cocaine until September 2003, was a significant concern.
The denial was based on the applicant's admitted multiple drug-related offenses and ongoing drug use until September 2003. The judge determined that the applicant failed to provide sufficient evidence of a current drug-free lifestyle or character references to support claims of rehabilitation, concluding that the drug involvement was not isolated or aberrational. The security clearance was DENIED.
Why the Applicant Was Denied
- The applicant admitted to multiple drug-related offenses and ongoing drug use until September 2003.
- The applicant did not provide evidence of a current drug-free lifestyle or character references to support his claims of rehabilitation.
- The applicant's drug involvement was not isolated or aberrational, undermining any mitigating claims.
Conditions Referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession
- E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant's marijuana and cocaine use occurred within three years of the decision.
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's drug use was regular and persistent over a three-year period.
- E2.A8.1.3.3rejectedA Demonstrated Intent Not to Abuse Any Drugs in the FutureThe applicant did not convincingly demonstrate an intention to refrain from future drug use.
Key Rule Quoted
“"[S]ecurity clearance determinations should err, if they must, on the side of denials."”
Procedural Posture
- SOR issuedDec 20, 2005
- Answer filedJan 14, 2006Applicant requested decision on the record.
- Hearing held—No hearing; decision made on the record.
- Decision dateJun 30, 2006
Cite For
- Denial of Clearance Due to Ongoing Drug Involvement Under Guideline H
- Failure to Demonstrate Rehabilitation or Intent to Remain Drug-free
- Consideration of the Whole Person Concept in Security Clearance Determinations