Summary
A security clearance was granted to a 38-year-old defense contractor with multiple advanced degrees, despite concerns raised under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used cocaine three times between 2012 and 2014 while already holding a security clearance. These actions raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(f).
However, the administrative judge applied several mitigating conditions, specifically AG ¶ 26(a), AG ¶ 26(b), AG ¶ 17(c), and AG ¶ 17(d). The decision to grant the clearance was based on the applicant's consistent abstinence from illegal drug use since 2014, demonstrating a clear commitment to a drug-free lifestyle.
The applicant presented evidence of successful personal and professional achievements, including positive evaluations and recommendations. His exemplary conduct since 2014 established a credible intent to avoid future drug use, leading the judge to conclude that he possessed the overall reliability and trustworthiness required for a security clearance.
Why the Applicant Prevailed
- The applicant has not used illegal drugs since 2014 and has demonstrated a commitment to abstinence.
- He provided evidence of successful personal and professional achievements, including positive evaluations and recommendations from colleagues.
- The applicant's conduct since 2014 has been exemplary, showing a credible intent not to use illegal drugs in the future.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug-involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence
- 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
Key Rule Quoted
“The ultimate determination of whether the granting or continuing of national security eligibility is clearly consistent with the interests of national security must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedDec 14, 2018
- Answer filedMar 15, 2019
- Hearing heldJul 31, 2019
- Decision dateOct 4, 2019
Cite For
- Successful Mitigation of Past Drug Use Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Application of the Whole-person Concept in Security Clearance Decisions