Summary
A 31-year-old electronics technician was granted a security clearance despite initial concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The Statement of Reasons cited a positive cocaine test in November 2012, a positive opiate test in July 2014, and a failure to file state taxes for the 2010 tax year.
The applicant successfully mitigated these concerns. He demonstrated a consistent pattern of abstinence from illegal drug use since 2012, addressing the drug involvement issues. Regarding financial considerations, he resolved all outstanding tax obligations and filed all required tax returns after clarifying a misunderstanding of his responsibilities.
Additionally, the applicant provided credible testimony and character references that affirmed his reliability and trustworthiness. The judge concluded that the applicant's past conduct did not reflect his current reliability, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a pattern of abstinence from illegal drug use since 2012.
- He resolved all tax obligations and filed all required tax returns timely after misunderstanding his obligations.
- The applicant provided credible testimony and character references attesting to his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 19(f)raisedFailure to File . . . Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- 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 ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- AG ¶ 20(g)appliedThe Individual Has Made Arrangements with the Appropriate Tax Authority to File or Pay the Amount Owed and Is in Compliance with Those Arrangements
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 29, 2017
- Answer filedSep 18, 2017
- Hearing heldJun 7, 2018Hearing convened as scheduled.
- Decision dateMar 25, 2019
Cite For
- Mitigation of Past Drug Use Under Guideline H
- Resolution of Financial Issues Under Guideline F
- Application of the Whole-person Concept in Security Clearance Determinations