Summary
A 30-year-old analytical photogrammetrist with a Ph.D. was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had an extensive history of drug use, including marijuana for over ten years, hashish, psilocybin mushrooms, and LSD consistently for six years, and experimentation with cocaine twice. He also used prescription painkillers belonging to others for ten years and purchased all these substances.
His criminal conduct included an arrest on May 28, 1995, for two counts of drug possession. On August 23, 1995, he pleaded guilty to possession of a controlled substance (a Class 4 Felony) for LSD and psilocybin, receiving a $500 fine and twelve months of unsupervised probation. A charge for cannabis possession was dismissed, and the proceedings were discharged on October 29, 1996, after he fulfilled his probation terms.
Despite impressive academic and professional achievements, the denial was based on the applicant's long history of drug involvement, which ended only two years prior to the decision. A key factor was his minimization of the seriousness of his drug use, as he did not believe using marijuana several times a week constituted abuse and showed no regret, raising doubts about his future resolve to remain drug-free.
Why the Applicant Was Denied
- The applicant had a history of drug involvement, including multiple illegal substances over a ten-year period.
- The applicant minimized the seriousness of his drug use, asserting it was not abuse, which raised concerns about future behavior.
- The applicant's drug involvement ended only two years prior, which was deemed too recent to establish a clear intent to remain drug-free.
Conditions Referenced
- H.1raisedDrug Abuse
- H.2raisedIllegal Drug Possession
- J.1raisedCriminal Conduct
- J.2raisedSingle Serious Crime or Multiple Lesser Offenses
- H.2rejectedIsolated IncidentThe applicant's extensive drug use over ten years was not considered an isolated incident.
- H.4rejectedFactors Not Likely to RecurThe applicant's history of drug use raised concerns about future behavior.
- H.5rejectedSuccessful RehabilitationThe applicant's drug involvement ended too recently to demonstrate successful rehabilitation.
- J.2appliedIsolated IncidentThe applicant's criminal conduct was considered an isolated incident.
- J.4appliedFactors Not Likely to RecurThe applicant's jail time impacted his behavior, suggesting factors leading to the violation are not likely to recur.
- J.5appliedSuccessful RehabilitationThe applicant completed his Ph.D. and has worked successfully in his field.
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedMay 14, 1997
- Answer filedMay 27, 1997Applicant requested a decision on the record.
- Hearing held—Decision made based on the record.
- Decision dateSep 5, 1997
Cite For
- Denial Based on Extensive Drug Involvement Under Guideline H
- Impact of Minimizing Drug Use on Security Clearance Decisions
- Consideration of Criminal Conduct as a Disqualifying Factor Under Guideline J