Summary
A 48-year-old defense contractor successfully retained his security clearance despite allegations under Guideline H (Drug Involvement) and Guideline K (Handling Protected Information). The Statement of Reasons cited his admitted use of amyl nitrite and marijuana while holding a clearance, and a single instance of mishandling classified documents.
The applicant addressed these concerns by demonstrating a credible intent to abstain from future drug use, supported by a signed statement. His drug use was infrequent and occurred over two years prior, reducing the likelihood of recurrence. Regarding the mishandling of classified information, he received remedial security training and exhibited a positive attitude toward his security responsibilities.
The judge found that the applicant had effectively mitigated the security concerns raised by the government. Consequently, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant demonstrated a credible intent not to use drugs in the future, supported by a signed statement of intent.
- The applicant's drug use was infrequent and occurred over two years ago, making recurrence unlikely.
- The applicant received remedial security training and showed a positive attitude towards safeguarding classified information.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- K.34(c)raisedLoading, Drafting, Editing, Modifying, Storing, Transmitting, or Otherwise Handling Classified Reports, Data, or Other Information on Any Unapproved Equipment
- K.34(g)raisedAny Failure to Comply with Rules for the Protection of Classified or Other Sensitive Information
- H.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
- H.26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- K.35(a)appliedSo Much Time Has Elapsed Since the Behavior, or It Has Happened so Infrequently or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
- K.35(b)appliedThe Individual Responded Favorably to Counseling or Remedial Security Training and Now Demonstrates a Positive Attitude Toward the Discharge of Security Responsibilities
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 4, 2014
- Answer filedOct 26, 2014
- Hearing heldJun 16, 2015
- Decision dateDec 17, 2015
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Infrequent Use and Intent to Abstain
- Mitigation of Mishandling Protected Information Through Remedial Training
- Consideration of the Whole-person Concept in Security Clearance Decisions