Summary
The applicant, a 37-year-old defense contractor with a Ph.D. in physics, faced security concerns under Guideline B (Foreign Influence) and Guideline H (Drug Involvement) due to past casual marijuana use and social contacts with foreign citizens. The judge found that the applicant's past drug use was infrequent and mitigated by his credible commitment to abstain from drugs, and that his foreign contacts posed no significant risk to national security. The applicant was granted eligibility for a security clearance.
Under Guideline B (Foreign Influence) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion (2.a). The applicant used marijuana on two occasions in 2011 after being granted a security clearance in 2005 (1.a).
The judge granted the clearance. The government raised disqualifying conditions H 24(a), H 24(g). The judge applied mitigating conditions H 26(a), H 26(b), B 8(a), B 8(b), B 8(c). The decision turned on the following: The applicant demonstrated a credible intent not to abuse drugs in the future, supported by a signed statement of intent; The applicant's past marijuana use was infrequent and occurred over five years ago, mitigating concerns about current reliability; The applicant's foreign contacts were casual and did not create a heightened risk of foreign influence.
Why the applicant prevailed
- The applicant demonstrated a credible intent not to abuse drugs in the future, supported by a signed statement of intent.
- The applicant's past marijuana use was infrequent and occurred over five years ago, mitigating concerns about current reliability.
- The applicant's foreign contacts were casual and did not create a heightened risk of foreign influence.
Conditions referenced
- H 24(a)raisedAny Drug Abuse
- H 24(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- H 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- B 8(a)appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely the Individual Will Be Placed in a Position of Having to Choose Between Interests
- B 8(b)appliedThere Is No Conflict of Interest Due to Minimal Loyalty to Foreign Contacts
- B 8(c)appliedContact with Foreign Citizens Is so Casual and Infrequent That There Is Little Likelihood of Risk
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedJul 30, 2015
- Answer filedSep 10, 2015
- Hearing heldJun 1, 2016
- Decision dateJan 26, 2017
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Infrequent Use and Credible Intent to Abstain
- Evaluation of Foreign Contacts Under Guideline B When Contacts Are Casual and Not in Sensitive Sectors
- Application of the Whole-person Concept in Security Clearance Determinations.