Summary
A 49-year-old male applicant was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed a history of drug use, including marijuana from approximately 1975 to at least February 2004, cocaine about four times between 1986 and 1987, and amphetamines. He also purchased these substances and was found guilty in June 1981 of drunk driving and possession of marijuana and amphetamines.
Additionally, the applicant was alleged to have falsified security clearance applications. Specifically, he denied illegal drug use while possessing a security clearance on his January 28, 2008 e-QIP, and understated his drug use on his May 24, 1988 Personnel Security Questionnaire, indicating only marijuana experimentation when he had also used cocaine and amphetamines. He had also stated in an August 11, 1988 interview that he had no future intent to use illegal substances.
The judge found that the applicant's past drug use and misstatements were mitigated. Key factors included his demonstrated commitment to abstain from illegal drug use for over six years prior to the hearing, his efforts to correct previous misstatements on security clearance applications, and his current stable employment and lifestyle, which indicated a low risk of future drug involvement.
Why the Applicant Prevailed
- The applicant demonstrated a commitment to abstain from illegal drug use for over six years prior to the hearing.
- The applicant made efforts to correct his previous misstatements regarding drug use on security clearance applications.
- The applicant's current lifestyle and stable employment indicated a low risk of future drug involvement.
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 ¶ 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)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 26(b)(3)appliedAn Appropriate Period of Abstinence
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMay 6, 2010
- Answer filedMay 26, 2010
- Hearing heldOct 7, 2010
- Decision dateApr 19, 2011
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Long-term Abstinence
- Mitigation of Personal Conduct Concerns Through Corrective Actions
- Consideration of the Whole-person Concept in Security Clearance Decisions