Summary
A 29-year-old electrician employed by a federal contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant's history included desertion from the U.S. Army from February 20, 2000, to April 11, 2000, leading to a discharge in lieu of court-martial. Additionally, he faced allegations of drug addiction, specifically to Oxycontin in 2003 for about nine months, and daily heroin use from December 2005 to June 2006.
Further drug-related issues included testing positive for cocaine and THC in January 2006. He participated in a drug treatment program from December 2005 to April 2006, where he was diagnosed with opiate addiction, generalized anxiety disorder, and depressive disorder. However, he refused recommended individual counseling and reported continued heroin use and excessive drinking at his final visit before discharge from the program.
Despite these past issues, the judge found significant rehabilitation. The applicant had maintained sobriety for over three years, with his last illegal drug use in March 2006. He established a supportive family environment, was expecting a child, and was addressing his mental health through regular psychiatric care and medication for depression. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of sobriety, having last used illegal drugs in March 2006, over three years prior to the decision.
- He has established a supportive family environment and is expecting a child, indicating stability in his personal life.
- The applicant has taken steps to address his mental health issues, including regular psychiatric care and medication for depression.
Conditions Referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Dependence
- AG ¶ 25(f)raisedFailure to Complete Drug Treatment Program
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 26(a)appliedBehavior Happened so Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
- AG ¶ 26(d)rejectedSatisfactory Completion of Drug Treatment ProgramThe applicant did not complete the aftercare requirements of his drug treatment program.
- AG ¶ 17(c)appliedMinor Offense or Time Passed
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedMay 13, 2009
- Answer filedJun 18, 2009
- Hearing heldSep 2, 2009
- Decision dateNov 9, 2009
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Last Use
- Successful Rehabilitation Efforts in the Context of Personal Conduct Under Guideline E
- Consideration of the Whole Person Concept in Security Clearance Determinations