Summary
A 22-year-old single man, employed by a defense contractor, was granted a security clearance despite concerns under Guidelines E (Personal Conduct), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons alleged that the applicant illegally purchased and used marijuana regularly between May 2004 and March 2007, and failed to disclose this use on his September 2007 security clearance application.
Disqualifying conditions were raised under H 25(a), H 25(c), J 31(a), and J 31(c). However, the applicant successfully mitigated these concerns. He ceased marijuana use in March 2007 and has not used any controlled substances since. He also provided a notarized statement acknowledging that future drug use would result in immediate clearance termination.
The judge applied mitigating conditions H 26(a), H 26(b), J 32(a), J 32(d), and E 15(a), finding that the applicant's past behavior occurred long ago and he had matured. His credible testimony and evidence of intent to remain drug-free ultimately led to the granting of his security clearance.
Why the Applicant Prevailed
- Applicant stopped using marijuana in March 2007 and has not used any controlled substances since then.
- He submitted a notarized statement acknowledging that future drug use would result in immediate termination of his clearance privileges.
- The applicant's credible testimony and evidence of his intent to remain drug-free mitigated the security concerns.
Conditions Referenced
- H 25(a)raisedAny Drug Abuse
- H 25(c)raisedIllegal Drug Possession, Including Purchase, Sale, or Distribution
- J 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- J 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- H 26(a)appliedThe Behavior Happened so Long Ago 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
- H 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future, Such as an Appropriate Period of Abstinence
- J 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- J 32(d)appliedThere Is Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity
- E 15(a)appliedThe Individual Did Not Deliberately Falsify the Security Clearance Application
Key Rule Quoted
“The objective of the security-clearance process is the fair-minded, commonsense assessment of a person’s trustworthiness and fitness for access to classified information.”
Procedural Posture
- SOR issuedMay 8, 2008
- Answer filedJul 21, 2008
- Hearing heldOct 22, 2008
- Decision dateJan 9, 2009
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Time Elapsed and Demonstrated Intent to Remain Drug-free
- Successful Rehabilitation Evidenced by Abstinence and Credible Testimony
- Non-deliberate Falsification of Security Clearance Application Under Guideline E