Summary
A 29-year-old export license and compliance specialist was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed a history of substance misuse, including marijuana use from approximately July 2003 to July 2016, occasional cocaine use over a ten-year period ending in July 2016, and a few instances of LSD and mushroom use from May 2008 to July 2016. Additionally, the applicant sold marijuana from April 2007 to July 2012 and occasionally misused two prescription drugs for various purposes between August 2006 and May 2016.
Disqualifying conditions under AG ¶ 25(a) and AG ¶ 25(c) were raised due to these allegations. However, the judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant self-reported his history and provided a signed statement of intent to abstain from all illegal drug use or misuse.
The decision to grant the clearance was based on the applicant's demonstrated commitment to a drug-free lifestyle, extensive documentary evidence of positive character and work ethic, including letters of recommendation, and a successful employment record. The judge found sufficient evidence of reform and rehabilitation, supported by a commitment to abstain from drug use and a supportive social network.
Why the applicant prevailed
- The applicant self-reported his history of drug involvement and substance misuse during the security clearance process.
- He demonstrated a commitment to a drug-free lifestyle and provided a signed statement of intent to abstain from all drug involvement.
- The applicant presented extensive documentary evidence of his positive character and work ethic, including letters of recommendation and a successful employment record.
Conditions referenced
- AG ¶ 25(a)raisedAny Substance Misuse
- AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem
Key rule quoted
“It is well-established law that no one has a right to a security clearance.”
Procedural posture
- SOR issuedAug 30, 2017
- Answer filedOct 27, 2017
- Hearing heldApr 11, 2018
- Decision dateSep 13, 2018
Cite for
- Mitigation of Drug Involvement Under Guideline H
- Self-reporting as a Positive Factor in Security Clearance Cases
- Evidence of Rehabilitation and Commitment to a Drug-free Lifestyle