Summary
A 43-year-old software engineering augmentee with 19 years in the defense industry was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant had used marijuana on two or three occasions between July and September 2012, and once in April 2013. These incidents involved another person blowing smoke into her face or mouth, and she had a security clearance at the time. She has not used marijuana since April 2013 and has no contact with the individuals involved.
The applicant also made false statements on her July 28, 2014, e-QIP. She incorrectly answered "No" to questions about controlled substance use in the previous seven years and whether she had ever illegally used drugs while possessing a security clearance.
However, the judge found that the applicant had mitigated these concerns. She demonstrated a credible intent to abstain from future drug use, supported by a sworn statement and negative drug tests. Her past marijuana use was infrequent, occurred under unusual circumstances, and was deemed unlikely to recur. Furthermore, she made prompt, good-faith efforts to correct her false statements on the security questionnaire. Based on these mitigating factors, her security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated credible intent not to use marijuana in the future, supported by a sworn statement and negative drug tests.
- The applicant's marijuana use was infrequent and occurred under unusual circumstances, unlikely to recur.
- The applicant made prompt, good-faith efforts to correct her false statements on the security questionnaire.
Conditions referenced
- H.1.araisedDrug Involvement and Substance Misuse
- E.2.araisedConduct Showing Poor Judgment, Untrustworthiness, or Unreliability
- H.2.aappliedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Unusual Circumstances
- H.2.bappliedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the Problem
- E.2.aappliedPrompt, Good-faith Efforts to Correct the Omission or Falsification
- E.2.cappliedMinor Offense or Significant Time Has Passed
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedOct 23, 2016
- Answer filedDec 16, 2016
- Hearing heldApr 10, 2017
- Decision dateNov 29, 2017
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Infrequent Use and Unusual Circumstances
- Prompt Correction of False Statements Under Guideline E
- Consideration of Character References in Security Clearance Decisions