Summary
A 39-year-old systems engineer, holding a security clearance since 2004, had his eligibility for access to classified information reviewed under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that between January and May 2012, the applicant used marijuana with varying frequency and was arrested twice in 2012 for marijuana possession. These allegations raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(f).
However, the judge found that the applicant successfully mitigated these security concerns. The applicant demonstrated a clear intent to abstain from future drug use, acknowledging his past mistakes. He successfully completed probation, leading to the expungement of his marijuana-related charges.
Furthermore, the applicant provided strong character references from coworkers and presented a history of positive performance evaluations. These factors, combined with his demonstrated remorse and commitment to abstain from drug use, led the judge to apply mitigating conditions under AG ¶ 26(a), AG ¶ 26(b), AG ¶ 17(c), and AG ¶ 17(d). Consequently, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a clear intent to abstain from future drug use, acknowledging past mistakes.
- He successfully completed probation and had his marijuana-related charges expunged.
- Strong character references from coworkers and a history of positive performance evaluations supported his case.
Conditions Referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- 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 ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
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 6, 2016
- Answer filedAug 25, 2016
- Hearing heldMay 25, 2017
- Decision dateMar 23, 2018
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Whole-person Assessment in Security Clearance Determinations