Summary
A 53-year-old defense contractor employee was granted a security clearance despite past issues related to personal conduct, drug involvement, and criminal conduct. The applicant admitted to using cocaine three times in the early 1980s and marijuana regularly for about six months around 1983, continuing once or twice a year until January 1999, when he ceased use entirely. A key concern was his falsification of a 1992 Personnel Security Questionnaire regarding prior drug use, which he admitted doing out of fear for his job. This falsification was the sole criminal conduct alleged.
However, the applicant demonstrated significant mitigation. He maintained a long period of abstinence from drug use since January 1999 and engaged in extensive community service focused on substance abuse prevention following a personal tragedy. Furthermore, his admissions about past drug use were made honestly in subsequent applications and interviews.
The judge found that the applicant's actions and commitment to a drug-free lifestyle effectively mitigated the security concerns. Consequently, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a long period of abstinence from drug use since January 1999.
- He engaged in extensive community service related to substance abuse prevention after a personal tragedy.
- The applicant's admissions regarding past drug use were made honestly in subsequent applications and interviews.
Conditions Referenced
- H DC 25(a)raisedAny Drug Abuse
- H DC 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E DC 16(a)raisedDeliberate Omission, Concealment or Falsification of Relevant Facts
- J DC 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J DC 31(c)raisedAllegation or Admission of Criminal Conduct
- H MC 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H MC 26(b)appliedThe Individual Has Disassociated From Drug-using Associates and Contacts
- E MC 17(c)appliedThe Offense Was so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- E MC 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- E MC 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation
- J MC 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
- J MC 32(d)appliedThere Is Evidence of Successful Rehabilitation
Key Rule Quoted
“The grant or continuance of a security clearance or access to classified information is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedMar 30, 2007
- Answer filedApr 11, 2007
- Hearing heldJul 13, 2007
- Decision dateAug 6, 2007
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Long-term Abstinence and Community Service
- Falsification of Security Questionnaire Mitigated by Time Elapsed and Subsequent Honesty
- Whole Person Analysis in Evaluating Security Clearance Eligibility