Summary
A 25-year-old former Navy service member was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to past drug use, including marijuana, Oxycodone, and Spice. Specifically, he used marijuana from approximately June 2006 to June 2008, purchased marijuana once in March 2007, used Oxycodone once in February 2011, and used Spice from July to October 2012.
Additionally, the applicant deliberately falsified material facts on an e-QIP executed on October 22, 2009, by answering "No" to questions about illegal drug use and possession within the last seven years. He failed to disclose his marijuana use and purchase from 2006-2008, which he later identified on his 2014 e-QIP. He admitted these omissions, stating he was advised by his Navy recruiter to be less than candid.
The judge found several mitigating factors applicable. The applicant has not used illegal substances since 2012 and demonstrated a commitment to abstinence. He provided credible testimony, evidence of rehabilitation, and positive character references. The judge also considered that the applicant's prior omissions on security questionnaires were influenced by advice from a Navy recruiter, which mitigated the personal conduct concerns.
Why the applicant prevailed
- The applicant has not used illegal substances since 2012 and has expressed a commitment to abstain from future use.
- He provided credible testimony and evidence of rehabilitation, including positive character references and a letter of intent to avoid illegal drugs.
- The applicant's prior omissions on security questionnaires were influenced by advice from a Navy recruiter, mitigating the concerns under personal conduct.
Conditions referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
- AG ¶ 16(a)raisedDeliberate Omission or Falsification of Relevant Facts
- AG ¶ 26(a)appliedBehavior Happened Long Ago or Infrequently
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Established Pattern of Abstinence
- AG ¶ 17(b)appliedConcealment Caused by Advice of Legal Counsel or Professional Advisor
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJan 3, 2017
- Answer filedMar 6, 2017
- Hearing heldJun 7, 2017
- Decision dateMar 28, 2018
Cite for
- Mitigating Factors for Past Drug Use Under Guideline H
- Impact of Advice From Recruiters on Personal Conduct Disclosures
- Pattern of Abstinence as a Mitigating Condition for Security Clearance Eligibility