Summary
A 30-year-old married man and former U.S. Army soldier was granted a security clearance despite a history of drug use and criminal conduct, which raised concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). Between 1997 and 2003, the applicant smoked marijuana approximately 15 to 20 times with fellow soldiers at two duty locations. Additionally, in March 2003, he shared two cocaine-laced cigarettes at a college party. These actions occurred while he held a security clearance, resulting in disciplinary action and an honorable discharge.
The judge found that the applicant's significant rehabilitation and positive personal and professional developments mitigated the concerns. He has been drug-free since July 2003 and has demonstrated maturity since his past drug use. The applicant was also fully forthcoming about his drug use history during the security clearance process.
The elapsed time since his last drug use, combined with his demonstrated rehabilitation and trustworthiness in high-pressure, dangerous environments, led to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant has not used illegal drugs since July 2003.
- He has demonstrated significant rehabilitation and maturity since his past drug use.
- The applicant has been fully forthcoming about his drug use history during the security clearance process.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- AG ¶ 24(a)appliedThe Behavior Happened so Long Ago That It Is Unlikely to Recur
- AG ¶ 24(b)(3)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened That It Is Unlikely to Recur
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedSo Much Time Has Passed That the Conduct Is Unlikely to Recur
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 29, 2008
- Answer filedMar 20, 2008
- Hearing heldMay 16, 2008
- Decision dateJun 27, 2008
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Last Use
- Successful Rehabilitation in the Context of Criminal Conduct Under Guideline J
- Application of the Whole Person Concept in Security Clearance Determinations.