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Summary

The applicant, a 32-year-old male with a history of drug involvement and personal conduct issues, contested the Department of Defense's intent to deny his security clearance. The judge found that the applicant had made significant life changes, established a pattern of abstinence from drugs, and mitigated the security concerns, ultimately granting him eligibility for access to classified information.

Under Guideline E (Personal Conduct) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Deliberately falsified material facts in his December 6, 2013 SCA by failing to disclose his use of LSD in paragraph 1.a (2.a). Falsified material facts during his December 23, 2013 personal subject interview (PSI) by failing to disclose his use of LSD in subparagraph 1.a (2.b). Falsified material facts during his August 4, 2023 PSI when he stated he never purchased LSD in 2016, whereas in truth, he purchased LSD as set forth in subparagraph 1.e (2.c). Falsified material facts during his August 4, 2023 PSI when he stated he never tried to purchase LSD while on active duty, whereas in truth, he tried to get LSD from a Navy service member but the purchase fell through (2.d). Falsified material facts during his August 4, 2023 PSI when he stated he had not used any drugs other than marijuana and LSD, whereas in truth, he had used MDMA as set forth in subparagraph 1.d (2.e). Falsified material facts in his April 5, 2024 Response to Interrogatories when he stated that he had never used MDMA, whereas in truth, he had used MDMA as set forth in subparagraph 1.d (2.f). Before joining the Navy in June 2014, used Lysergic Acid Diethylamide (LSD) with varying frequency (1.a). Used marijuana with varying frequency from about April 2012 through August 2012 (1.b). In August 2012, was charged with possession of marijuana and paraphernalia, convicted of possession of marijuana, sentenced to 18 months of probation, 180 days of incarceration, and assessed a fine (1.c). In 2016, used methylenedioxymethamphetamine (MDMA) on at least two occasions while in a position requiring a security clearance (1.d). In about January 2017, purchased and used LSD while in a position requiring a security clearance (1.e). As a result of drug use in subparagraphs 1.d and 1.e, received Non-Judicial Punishment (NJP) of a reduction in grade to E-2, forfeiture of half a month pay for two months, and an other than honorable discharge from the Navy (1.f).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(f). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant demonstrated significant life changes since his drug use, including marriage and fatherhood; He established a pattern of abstinence from illegal drugs since 2016, passing multiple drug tests; The judge found that the applicant's past drug use did not cast doubt on his current reliability and trustworthiness.

Why the Applicant Prevailed

• The applicant demonstrated significant life changes since his drug use, including marriage and fatherhood.
• He established a pattern of abstinence from illegal drugs since 2016, passing multiple drug tests.
• The judge found that the applicant's past drug use did not cast doubt on his current reliability and trustworthiness.

Conditions Referenced

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

• SOR issuedMay 23, 2024
• Answer filedDec 6, 2024Undated and unverified.
• Hearing heldMar 27, 2025Decision rendered.
• Decision dateMar 27, 2025

Cite For

• Mitigation of Drug Involvement Under Guideline H Due to Significant Life Changes
• Pattern of Abstinence From Drug Use as a Mitigating Factor
• Resolution of Doubts in Favor of National Security Eligibility