Summary
This case concerns a 31-year-old senior solutions architect for a federal contractor whose security clearance application raised concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed a history of illegal drug use, including marijuana use approximately 75 times between September 1993 and October 2006, and ecstasy about six times from January 2002 to January 2007. The applicant also used cocaine about 15 times between December 2003 and December 2006, and unprescribed painkillers about four times from January 2002 to January 2006. Additionally, single instances of hashish, mushrooms, and LSD use were noted between 1995 and 1998. A specific allegation also noted illegal drug use after submitting a security clearance application on October 19, 2000.
Despite these concerns, the security clearance was GRANTED. The decision highlighted several mitigating factors. The applicant demonstrated a significant period of abstinence from illegal drug use, specifically approximately 17 months prior to the hearing.
Further supporting the grant, the applicant provided credible evidence of reliability and trustworthiness through positive testimonials from supervisors and colleagues. His full disclosure of his drug history and a signed statement of intent to refrain from future drug use were also key factors in the favorable outcome.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from illegal drug use, approximately 17 months before the hearing.
- He provided credible evidence of his reliability and trustworthiness through positive testimonials from supervisors and colleagues.
- The applicant's full disclosure of his drug history and a signed statement of intent to refrain from future drug use supported his case.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 16(c)raisedCredible Adverse Information
- AG ¶ 16(d)raisedPattern of Dishonesty or Rule Violations
- 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)(3)appliedAppropriate Period of Abstinence
- AG ¶ 26(b)(4)appliedSigned Statement of Intent
- AG ¶ 17(c)appliedBehavior Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
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 issuedApr 15, 2008
- Answer filedMay 1, 2008
- Hearing heldJun 18, 2008
- Decision dateJul 31, 2008
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Abstinence Period
- Consideration of Personal Conduct Under Guideline E in Light of Overall Reliability and Trustworthiness
- Importance of Full Disclosure and Intent to Refrain From Future Drug Use in Security Clearance Determinations.