Summary
A 37-year-old software adjuster was granted a security clearance despite concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and H (Drug Involvement). The Statement of Reasons alleged that the applicant failed to disclose a positive marijuana test during treatment for alcohol dependence in his October 2013 security clearance application and January 2014 Defense Department Interrogatories, where he denied illegal drug use.
Additionally, the applicant faced allegations related to alcohol abuse, including alcohol-related incidents away from work, habitual consumption leading to impaired judgment, and a diagnosis of alcohol dependence. Concerns under Guideline H included general drug abuse and testing positive for illegal drug use.
However, the judge found that the applicant had demonstrated significant rehabilitation, maintaining sobriety for over five years. There was no evidence of prior illegal drug use, and the applicant was unaware of the positive marijuana test at the time of his disclosures. The applicant also has a strong support network and continues to participate in Alcoholics Anonymous. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant has maintained sobriety for over five years, demonstrating significant rehabilitation.
- There was no evidence of prior illegal drug use, and the applicant was unaware of the positive marijuana test during treatment.
- The applicant has a strong support network and continues to participate in Alcoholics Anonymous.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Dependence
- AG ¶ 22(a)raisedAlcohol-related Incidents
- AG ¶ 22(c)raisedBinge Consumption of Alcohol
- AG ¶ 22(d)raisedDiagnosis of Alcohol Abuse or Dependence
- AG ¶ 26(a)appliedBehavior Occurred Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
- AG ¶ 26(d)appliedSatisfactory Completion of Drug Treatment Program
- AG ¶ 23(a)appliedTime Passed Since Alcohol Abuse
- AG ¶ 23(b)appliedAcknowledgment of Alcoholism and Actions Taken
- AG ¶ 23(d)appliedSuccessful Completion of Counseling or Rehabilitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJun 24, 2015
- Answer filedJul 27, 2015
- Hearing heldJun 10, 2016
- Decision dateMar 24, 2017
Cite for
- Demonstrated Intent Not to Abuse Drugs Under Guideline H
- Successful Completion of Alcohol Treatment Under Guideline G
- Rebuttable Presumption of Rehabilitation After Five Years of Sobriety Under Guideline G