Summary
A 26-year-old defense contractor with an engineering degree was granted a security clearance despite concerns under Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's past use of various illegal drugs and misuse of prescription drugs not prescribed to him. Specifically, the applicant used marijuana, cocaine, ecstasy, methamphetamine, speed, mushrooms, and LSD. He also misused Adderall, painkillers, and sleeping pills.
The allegations further noted that the applicant used, purchased, and sold marijuana between September 2009 and August 2014, and used cocaine approximately ten times from November 2010 to December 2014. The last reported use of any illegal drug occurred in August 2015. Disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(c) were raised.
However, the clearance was granted due to several mitigating factors. The applicant had ceased all illegal drug use over two years prior to the hearing, demonstrating significant personal growth and maturity since his college years. He now associates with professionals who do not use drugs and provided evidence of rehabilitation, including favorable performance appraisals and testimonials from colleagues. Mitigating conditions under AG ¶ 26(a) and AG ¶ 26(b) were applied.
Why the Applicant Prevailed
- The applicant ceased all illegal drug use over two years prior to the hearing.
- The applicant demonstrated personal growth and maturity since college, associating with professionals who do not use drugs.
- The applicant provided evidence of rehabilitation, including favorable performance appraisals and testimonials from colleagues.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)appliedBehavior Unlikely to Recur
- AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedDec 15, 2016
- Answer filedJan 5, 2017
- Hearing heldApr 7, 2017
- Decision dateSep 7, 2017
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Importance of Personal Growth and Maturity in Security Clearance Decisions
- Evidence of Rehabilitation and Support From Colleagues as Favorable Factors