Summary
A 31-year-old engineer with five children was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The allegations included falsely denying marijuana use on his Security Clearance Application in October 2002 and in a 2003 statement to a Defense Security Service special agent. Additional concerns related to any drug abuse, illegal drug possession, and illegal drug use after being granted a security clearance.
The judge found that the applicant had demonstrated significant personal growth and maturity. Key mitigating factors included his voluntary disclosure of past drug use in 2009, which showed a desire to correct his record. He has also been drug-free since January 2008, establishing a substantial period of abstinence.
The applicant's current responsibilities as a husband and father were noted as contributing to his commitment to remain drug-free. Ultimately, the judge determined that the applicant had demonstrated a commitment to abstaining from drug use, leading to the granting of his security clearance.
Why the applicant prevailed
- The applicant has been drug-free since January 2008, demonstrating a significant period of abstinence.
- He voluntarily disclosed his past drug use in 2009, showing maturity and a desire to correct his record.
- The applicant's current responsibilities as a husband and father contributed to his commitment to remain drug-free.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
- 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)(1)appliedDisassociation From Drug-using Associates and Contacts
- AG ¶ 26(b)(2)appliedChanging or Avoiding the Environment Where Drugs Were Used
- AG ¶ 26(b)(4)appliedA Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 8, 2010
- Answer filedDec 29, 2010
- Hearing heldMar 31, 2011
- Decision dateApr 8, 2011
Cite for
- Mitigating Factors for Past Drug Use Under Guideline H
- Disclosure of Past Conduct as a Mitigating Factor Under Guideline E
- Whole-person Assessment in Security Clearance Determinations.