Summary
The applicant, a 33-year-old computer systems administrator with a history of marijuana use, contested the Department of Defense's intent to deny his security clearance. Despite past drug involvement and criminal conduct, the judge found that the applicant had mitigated these concerns through a significant period of abstinence, positive character references, and a demonstrated intent to avoid future drug use. The security clearance was granted.
Under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: any drug abuse (1.a). testing positive for illegal drug use (1.b). illegal drug possession, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia (1.c). any illegal drug use after being granted a security clearance (1.d). In 2002, Applicant, then 18 years old and a college freshman, was arrested for smoking marijuana in a city park. Adjudication was deferred. In 2005, he was arrested for possession of marijuana. Adjudication was again deferred. He was allowed to continue his probation while in Iraq. He finished the terms of his probation early. AG ¶¶ 31(a) and 31(c) apply (2.a).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(b), AG ¶ 25(g), AG ¶ 31(a), AG ¶ 31(c). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 32(a), AG ¶ 32(d). The decision turned on the following: The applicant has not used marijuana since May 2010, demonstrating a significant period of abstinence; He provided credible character references from supervisors attesting to his integrity and professionalism; The applicant expressed remorse for his past drug use and has taken steps to avoid future drug involvement.
Why the applicant prevailed
- The applicant has not used marijuana since May 2010, demonstrating a significant period of abstinence.
- He provided credible character references from supervisors attesting to his integrity and professionalism.
- The applicant expressed remorse for his past drug use and has taken steps to avoid future drug involvement.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegations or Admission of Criminal Conduct
- AG ¶ 26(a)appliedBehavior Happened so Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 30, 2015
- Answer filedDec 17, 2015
- Hearing heldAug 23, 2016Record kept open for additional documents.
- Decision dateApr 13, 2017
Cite for
- Mitigation of Drug Involvement Under Guideline H
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Consideration of Character References in Security Clearance Decisions