Summary
A defense contractor employee's security clearance was granted despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The Statement of Reasons detailed a history of drug and alcohol-related incidents, including marijuana use from approximately March 1996 to at least May 2015, and multiple arrests. These arrests included charges for possession of marijuana and DUI in September 1997 and May 2015, and possession of marijuana in June 1998.
Additional allegations involved arrests for "encouraging acts rendering children" in September 1998 and assault and battery in August 2000, as well as a citation for driving on a suspended license in February 2000. The applicant also falsified a January 2011 Security Clearance Application by failing to disclose recent marijuana use and continued using marijuana after being granted a security clearance in May 2007.
However, the judge found that the applicant had taken significant steps towards rehabilitation. These steps included completing a substance abuse program, demonstrating a commitment to abstinence from drugs, and ceasing association with drug users. The applicant's last drug involvement was almost three years prior to the hearing, and he had taken on the responsibilities of single parenthood, which limited his social interactions. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant completed a substance abuse program and demonstrated a commitment to abstinence from drugs.
- He no longer associates with drug users and has taken on the responsibilities of single parenthood, which limits his social interactions.
- The applicant's last drug involvement was almost three years prior to the hearing.
Conditions Referenced
- AG ¶ 25(a)raisedSubstance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 25(f)rejectedIllegal Drug Use While Granted Access to Classified InformationThe judge found insufficient evidence that the applicant used marijuana while holding a security clearance.
- AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- AG ¶ 26(a)appliedBehavior Happened so Long Ago or Was Infrequent
- AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome It
- AG ¶ 26(d)appliedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant completed a substance-abuse program, but there was no evidence of a favorable prognosis from a medical professional.
- AG ¶ 17(c)appliedOffense Is Minor or so Much Time Has Passed
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Obtaining Counseling
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the AG.”
Procedural Posture
- SOR issuedMay 22, 2017
- Answer filedMay 30, 2017
- Hearing heldDec 8, 2017
- Decision dateMar 9, 2018
Cite For
- Mitigating Conditions for Drug Involvement Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Impact of Rehabilitation Efforts on Security Clearance Eligibility