Summary
A 38-year-old senior contract attorney was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The allegations stemmed from her past misuse of Adderall, a controlled substance, which she used to manage her weight. This misuse was specifically cited under paragraph 1.a of the Statement of Reasons, raising a disqualifying condition under Adjudicative Guideline (AG) ¶ 25(a).
However, several mitigating conditions were applied, including AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 26(d). The applicant provided credible evidence of rehabilitation, including multiple negative drug tests and a signed statement affirming her intent to abstain from future misuse. Her misuse of Adderall was determined to be infrequent and occurred under circumstances deemed unlikely to recur, particularly following the birth of her child.
Furthermore, a comprehensive evaluation concluded that the applicant did not have a substance abuse disorder. Based on this evidence of rehabilitation and the specific context of her past actions, the security clearance was granted.
Why the Applicant Prevailed
- The applicant provided credible evidence of rehabilitation, including negative drug tests and a signed statement of intent to abstain from future misuse.
- The applicant's misuse of Adderall was infrequent and occurred under circumstances unlikely to recur, particularly after the birth of her child.
- The applicant underwent a comprehensive evaluation that found no substance abuse disorder.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance MisuseThe applicant misused Adderall, a controlled substance, by obtaining it through her brother's prescription.
- AG ¶ 26(a)appliedBehavior Unlikely to RecurThe applicant's substance misuse is unlikely to recur due to her changed circumstances after childbirth.
- AG ¶ 26(b)appliedAcknowledgment and Evidence of Actions TakenThe applicant provided credible testimony of her intention not to misuse prescription drugs in the future.
- AG ¶ 26(d)appliedEvaluation by a Qualified ProfessionalThe applicant underwent a comprehensive evaluation that diagnosed her with no substance abuse disorder.
Key Rule Quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedMar 1, 2018
- Answer filedMar 14, 2018
- Hearing heldApr 15, 2019
- Decision dateNov 8, 2019
Cite For
- Mitigating Factors for Substance Misuse Under Guideline H
- Evidence of Rehabilitation and Abstinence From Drug Use
- Consideration of Personal Circumstances in Security Clearance Decisions