Summary
A 45-year-old engineering manager with an existing security clearance was granted a new clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged marijuana use during college over 22 years ago, and on three camping trips in 2005 and 2006 while holding a clearance. The applicant admitted to using marijuana from 2000 to 2007, stating it occurred less than three times per year.
Disqualifying conditions H.1.a, H.1.c, and H.1.g were raised. However, mitigating conditions H.2.a and H.2.b were applied. The judge found that the applicant had established a clear intent to abstain from future drug use, supported by disassociation from drug-using associates and a signed statement agreeing to automatic clearance revocation for any violation.
The decision highlighted that the applicant's drug use was infrequent, occurred largely over 22 years ago, and was unlikely to recur. Strong character references and a negative chemical dependency assessment further supported his credibility and commitment. Ultimately, the judge concluded that the past conduct did not undermine his current reliability and trustworthiness, and the security clearance was granted.
Why the Applicant Prevailed
- The applicant established a demonstrated intent not to abuse drugs in the future, including disassociation from drug-using associates and a signed statement of intent with automatic revocation of clearance for any violation.
- The applicant's drug use occurred over 22 years ago and was infrequent, unlikely to recur, and did not impact his reliability or trustworthiness.
- Strong character references and a negative chemical dependency assessment supported the applicant's credibility and commitment to abstain from drug use.
Conditions Referenced
- H.1.araisedAny Drug Abuse
- H.1.craisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- H.1.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- H.2.aappliedThe 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 Judgment
- H.2.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future, Such As: (1) Disassociation From Drug-using Associates and Contacts; (2) Changing or Avoiding the Environment Where Drugs Were Used; (3) an Appropriate Period of Abstinence; And, (4) a Signed Statement of Intent with Automatic Revocation of Clearance for Any Violation
Key Rule Quoted
“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
Procedural Posture
- SOR issuedNov 17, 2008
- Answer filedDec 12, 2008
- Hearing heldMar 10, 2009
- Decision dateMay 29, 2009
Cite For
- Demonstrated Intent Not to Abuse Drugs Under Guideline H
- Mitigating Factors for Past Drug Use Under Guideline H
- Whole Person Concept in Security Clearance Evaluations