Summary
A 28-year-old electronic maintenance technician was granted a security clearance despite concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons detailed a history of drug use, including positive cocaine tests in 2003, and reported use of cocaine, marijuana, and ecstasy between 2003 and 2004.
The applicant's past also included nonjudicial punishment in the Navy for wrongful use of a controlled substance and assault, leading to an other than honorable discharge. Furthermore, he was convicted of three counts of possessing, selling, and distributing a controlled substance under state law. These criminal and drug-related issues were also cross-alleged as personal conduct concerns.
Ultimately, the judge granted the clearance, finding that the applicant had demonstrated significant rehabilitation. Key factors included his abstinence from illegal drugs since his October 2004 arrest, stable employment with positive evaluations, and community involvement. The decision also noted strong support from his employer and family.
Why the applicant prevailed
- The applicant has not used illegal drugs since his arrest in October 2004.
- He has maintained stable employment and received positive performance evaluations.
- The applicant demonstrated rehabilitation through community involvement and support from his employer.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 31(a)raisedSingle Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAdmission of Criminal Conduct
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- 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(b)appliedPressured or Coerced Into Committing the Act
- AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
- AG ¶ 17(c)appliedMinor Offense or Time Passed
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 issuedJul 27, 2009
- Answer filedAug 13, 2009
- Hearing heldNov 18, 2009
- Decision dateFeb 23, 2010
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Last Use
- Successful Rehabilitation Evidenced by Stable Employment and Community Involvement
- Consideration of Personal Conduct in Light of Changed Circumstances and Support From Family and Employer