Summary
A 27-year-old engineer with a bachelor's degree was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed past drug use, including marijuana from June 2007 to April 2015, LSD on two occasions between June 2007 and January 2014, cocaine once in April 2013, and hallucinogenic mushrooms three times from July 2007 to April 2010.
Disqualifying conditions were raised under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(c). However, the decision applied mitigating conditions under AG ¶ 26(a), AG ¶ 26(b), and AG ¶ 17(c).
The clearance was granted because the applicant ceased all illicit drug use in April 2015, maintaining abstinence for over two years. He provided a written commitment to remain drug-free, understanding that future use would lead to immediate clearance revocation. Additionally, his work performance appraisals indicated he is well-respected and trusted by supervisors.
Why the Applicant Prevailed
- Applicant ceased all illicit drug use in April 2015 and has maintained abstinence for over two years.
- Applicant provided a written commitment to remain drug-free, acknowledging that any future use would result in immediate revocation of his clearance.
- The applicant's work performance appraisals indicated he is well-respected and trusted by supervisors.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- 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, Such As: (1) Disassociation From Drug-using Associates and Contacts; (2) Changing or Avoiding the Environment Where Drugs Were Used; (3) an Appropriate Period of Abstinence; (4) a 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, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 29, 2016
- Answer filedJul 22, 2016
- Hearing heldFeb 22, 2017
- Decision dateJun 7, 2017
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Last Use
- Demonstrated Intent to Remain Drug-free as a Mitigating Factor
- Whole-person Assessment in Evaluating Personal Conduct Under Guideline E