Summary
A 35-year-old single male with a bachelor's degree was granted a security clearance despite a history of illegal drug use, specifically marijuana and ecstasy, from 2007 to 2019. The Statement of Reasons detailed that the applicant used marijuana at least thirteen times between 2007 and July 2019, and ecstasy twice, in December 2012 and October 2014. Notably, some of this drug use, specifically two instances of marijuana and one of ecstasy, occurred while the applicant held a Department of Defense security clearance during his current employment.
The administrative judge considered Guideline H (Drug Involvement) and applied disqualifying conditions AG ¶ 25(a) and AG ¶ 25(f). However, the judge also recognized several mitigating factors, specifically AG ¶ 26(a) and AG ¶ 26(b).
The decision to grant the clearance was based on the applicant's demonstrated commitment to abstaining from drug use, evidenced by approximately two years of sobriety prior to the decision. The applicant had made significant lifestyle changes, acknowledged his past drug use, and actively avoided environments conducive to drug use. Ultimately, the applicant was granted eligibility for a security clearance under the whole-person concept.
Why the applicant prevailed
- The applicant had not used illegal drugs for about two years at the time of the decision.
- The applicant demonstrated significant lifestyle changes and a commitment to abstaining from drug use.
- The applicant acknowledged his past drug use and took steps to avoid environments conducive to drug use.
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
Key rule quoted
“The entire process is a conscientious scrutiny of a number of variables known as the whole-person concept.”
Procedural posture
- SOR issuedNov 16, 2020
- Answer filedDec 22, 2020Applicant requested decision on written record.
- Hearing held—Case decided without a hearing.
- Decision dateJul 9, 2021
Cite for
- Mitigating Factors for Past Drug Use Under Guideline H
- Whole-person Concept in Security Clearance Evaluations
- Consideration of Lifestyle Changes in Drug Involvement Cases