Summary
A 26-year-old software engineer was granted a security clearance under Guideline H (Drug Involvement) despite past marijuana use. The Statement of Reasons alleged that the applicant used marijuana from approximately September 2006 until February 2009, and contributed to its purchase during that period. These allegations raised disqualifying conditions under Adjudicative Guidelines paragraphs 25(a) and 25(c).
However, the judge applied several mitigating conditions, including Adjudicative Guidelines paragraphs 26(a), 26(b)(1), 26(b)(2), 26(b)(3), and 26(b)(4). The applicant demonstrated a significant period of abstinence, remaining drug-free for nearly 17 months. He also made substantial lifestyle changes, including moving in with a girlfriend who disapproves of drug use and actively avoiding associates who use drugs.
The applicant expressed credible contrition for his past drug use and signed a statement of intent to remain drug-free. Based on these demonstrated changes and commitment, the judge found that the applicant had successfully mitigated the security concerns related to drug involvement, leading to the granting of the clearance.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from drug use, being drug-free for nearly 17 months.
- He made lifestyle changes, including moving in with a girlfriend who disapproves of drug use and avoiding drug-using associates.
- The applicant expressed credible contrition for his past drug use and signed a statement of intent to remain drug-free.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- 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)(1)appliedDisassociation From Drug-using Associates and Contacts
- AG ¶ 26(b)(2)appliedChanging or Avoiding the Environment Where Drugs Were Used
- AG ¶ 26(b)(3)appliedAn Appropriate Period of Abstinence
- AG ¶ 26(b)(4)appliedA Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 19, 2010
- Answer filedJan 22, 2010
- Hearing heldMay 4, 2010
- Decision dateJul 6, 2010
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Importance of Lifestyle Changes in Security Clearance Decisions
- Credibility and Contrition as Factors in Adjudication of Past Drug Use