Summary
The applicant, a 34-year-old male seeking a security clearance, was denied due to a history of illegal drug use, including crystal methamphetamine, GHB, ecstasy, and cocaine, from October 2002 to November 2003. Despite a promise to abstain from drug use made in January 2006, the judge found insufficient evidence of rehabilitation or a demonstrated intent to avoid future drug abuse, leading to grave doubts about the applicant's security eligibility.
Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant's use and purchase of illegal drugs involved questionable judgment, untrustworthiness, unreliability, and showed unwillingness to comply with federal laws prohibiting possession of illegal drugs (2.a). From October 1, 2002, until November 27, 2003, Applicant used crystal methamphetamine at least six times, as well as GHB, ecstasy and cocaine each at least three times (1.a). He also purchased ecstasy and crystal methamphetamine (1.b). His use or purchase of these same drugs continued after he was granted a United States Postal Service Sensitive Clearance on or about August 13, 2002 (1.c). He did not describe any effort to start, let alone complete a drug treatment program (1.d). He did not specify the date his last use of illegal drugs and change of lifestyle occurred (1.e). He articulated for the first time his recognition of the destructive nature of illegal drugs and his commitment to change his lifestyle (1.f). He has not met his burden of showing his drug use and purchase was 'not recent.' (1.g).
The judge denied the clearance. The government raised disqualifying conditions H DC E2.A8.1.2.1, H DC E2.A8.1.2.2, E DC E2.A5.1.2.4, E DC E2.A5.1.2.5. The judge applied mitigating conditions H MC E2.A8.1.3.1, H MC E2.A8.1.3.3, E MC E2.A5.1.3.5. The decision turned on the following: The applicant had a history of illegal drug use while holding a security clearance; The applicant's promise to abstain from drug use was deemed insufficient without corroborating evidence of rehabilitation; The applicant did not provide evidence of a drug treatment program or a significant period of confirmed abstinence.
Why the Applicant Was Denied
- The applicant had a history of illegal drug use while holding a security clearance.
- The applicant's promise to abstain from drug use was deemed insufficient without corroborating evidence of rehabilitation.
- The applicant did not provide evidence of a drug treatment program or a significant period of confirmed abstinence.
Conditions Referenced
- H DC E2.A8.1.2.1raisedAny Drug Abuse
- H DC E2.A8.1.2.2raisedIllegal Drug Possession
- E DC E2.A5.1.2.4raisedPersonal Conduct Increasing Vulnerability to Coercion
- E DC E2.A5.1.2.5raisedPattern of Dishonesty or Rule Violations
- H MC E2.A8.1.3.1rejectedThe Drug Involvement Was Not RecentThe applicant did not establish a significant period of abstinence.
- H MC E2.A8.1.3.3rejectedDemonstrated Intent Not to Abuse Drugs in the FutureThe applicant's promise to abstain was not supported by sufficient evidence.
- E MC E2.A5.1.3.5rejectedPositive Steps to Reduce Vulnerability to CoercionThe applicant did not provide evidence of significant lifestyle changes or rehabilitation.
Key Rule Quoted
“"Improper or illegal involvement with drugs raises questions regarding an individual's willingness or ability to protect classified information."”
Procedural Posture
- SOR issuedDec 5, 2005
- Answer filedJan 4, 2006Applicant elected to proceed without a hearing.
- Hearing held—
- Decision dateJul 24, 2006
Cite For
- Denial of Clearance Due to Illegal Drug Use Under Guideline H
- Insufficient Evidence of Rehabilitation or Intent to Abstain From Drug Use
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E