Summary
A 55-year-old defense contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons cited allegations of drug abuse, testing positive for illegal drug use, and illegal drug possession, including cultivation or possession of drug paraphernalia. The applicant had also attended counseling for her drug use.
Disqualifying conditions raised included AG ¶ 25(a), AG ¶ 25(b), and AG ¶ 25(c). However, the decision applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 26(d), AG ¶ 17(d), and AG ¶ 17(e).
The clearance was granted because the applicant demonstrated a long period of sobriety before a 2006 positive drug test. She subsequently took significant steps to change her lifestyle and environment, showing a commitment to recovery. The applicant was also open and honest about her past drug use.
Why the Applicant Prevailed
- The applicant demonstrated a long period of sobriety prior to the 2006 incident.
- She took significant steps to change her lifestyle and environment after her drug use.
- The applicant has been open and honest about her past drug use and has shown commitment to her recovery.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- AG ¶ 26(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, 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 JudgmentThe applicant's drug use in 2006 occurred after a long period of sobriety.
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramNo favorable prognosis by a qualified medical professional was provided.
- AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 3, 2008
- Answer filedJul 31, 2008
- Hearing heldOct 21, 2008
- Decision date—
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Consideration of Personal Conduct Under Guideline E
- Importance of Rehabilitation and Commitment to Sobriety in Security Clearance Decisions.