Summary
A 34-year-old database administrator was granted a security clearance despite concerns under Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used marijuana with varying frequency between May and October 2015 while holding a security clearance, and failed to disclose this use on her August 2016 e-QIP. These allegations raised a disqualifying condition under AG ¶ 16(a).
However, the judge applied several mitigating conditions, including AG ¶ 17(c), AG ¶ 17(d), and AG ¶ 17(a). The applicant demonstrated remorse for her past marijuana use and took proactive steps to avoid future issues. She voluntarily disclosed her marijuana use during her personal subject interview before being confronted with the information.
The judge determined that the applicant's marijuana use was infrequent and occurred under unique circumstances, making it unlikely to recur. Based on these mitigating factors, the judge found that the applicant's limited use of marijuana, her remorse, and proactive steps taken were sufficient to mitigate the security concerns, leading to a decision to grant her eligibility for access to classified information.
Why the Applicant Prevailed
- The applicant demonstrated remorse for her past marijuana use and took proactive steps to avoid future issues.
- She voluntarily disclosed her marijuana use during her personal subject interview before being confronted.
- The applicant's marijuana use was infrequent and occurred under unique circumstances, unlikely to recur.
Conditions Referenced
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- AG ¶ 17(a)appliedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant’s meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedAug 27, 2018
- Answer filedSep 26, 2018
- Hearing heldApr 23, 2019
- Decision dateMay 23, 2019
Cite For
- Mitigation of Security Concerns Related to Past Drug Use Under Guideline E
- Consideration of Unique Circumstances Surrounding Disqualifying Conduct
- Importance of Proactive Steps Taken to Demonstrate Reliability and Trustworthiness