Summary
A 50-year-old mechanical engineer with a history of Stage III breast cancer was granted retention of her security clearance under Guideline H (Drug Involvement). The Statement of Reasons alleged that she used marijuana products from approximately September 2015 to at least July 2016, and continued this use after being granted a security clearance in June 2015. These allegations raised disqualifying conditions related to drug involvement.
However, the judge found that the applicant successfully mitigated these security concerns. She ceased marijuana use upon learning it violated company and Department of Defense policies and subsequently found alternative pain management methods. This demonstrated a commitment to compliance with anti-drug policies.
Further, the applicant's reliability and contributions were well-documented through performance evaluations and strong endorsements from colleagues and supervisors. The judge concluded that the applicant's actions and demonstrated commitment to compliance mitigated the security concerns, leading to the decision to grant her security clearance.
Why the Applicant Prevailed
- The applicant ceased marijuana use upon learning it violated company and DOD policies.
- She demonstrated a commitment to compliance with anti-drug policies and found alternative pain management methods.
- The applicant's contributions and reliability were well-documented through performance evaluations and endorsements.
Conditions Referenced
- DC ¶ 25(a)raisedAny Substance Misuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position
- MC ¶ 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
- MC ¶ 26(c)appliedAbuse of Prescription Drugs Was After a Severe or Prolonged Illness During Which These Drugs Were Prescribed, and Abuse Has Since Ended
Key Rule Quoted
“The adjudicative process is designed to examine a sufficient period of an applicant’s life to enable predictive judgments to be made about whether the applicant is an acceptable security risk.”
Procedural Posture
- SOR issuedApr 21, 2017
- Answer filedMay 15, 2017
- Hearing heldApr 18, 2018
- Decision dateJun 29, 2018
Cite For
- Mitigation of Drug Use Under Guideline H Due to Medical Circumstances
- Self-reporting of Drug Use as a Positive Factor
- Consideration of Whole-person Assessment in Security Clearance Decisions