Summary
A 28-year-old defense contractor was granted a security clearance despite past issues related to alcohol consumption, drug involvement, and criminal conduct. The applicant admitted to three alcohol-related incidents between 1999 and 2006, and occasional drug use from 1997 to 2003. Specifically, he used amphetamines occasionally for about a year between December 1999 and January 2001.
The government raised concerns under Guideline G (Alcohol Consumption) due to the three incidents, Guideline H (Drug Involvement) for past illegal drug use, and Guideline J (Criminal Conduct) for the associated behaviors. However, the applicant demonstrated significant behavioral changes and a commitment to responsible alcohol consumption.
The judge found that the applicant had taken substantial steps toward rehabilitation. He provided credible evidence of this, including positive character references and a willingness to undergo random drug testing. The last alcohol-related incident occurred three years prior to the decision, indicating a reduced likelihood of recurrence. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated significant behavioral changes and a commitment to responsible alcohol consumption.
- He provided credible evidence of rehabilitation, including positive character references and a willingness to undergo random drug testing.
- The last alcohol-related incident occurred three years prior to the decision, indicating a reduced likelihood of recurrence.
Conditions Referenced
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses.
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation.
- AG ¶ 25(a)raisedAny Drug Abuse.
- AG ¶ 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.
- AG ¶ 32(d)appliedThere Is Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement.
- AG ¶ 26(a)appliedThe 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.
- AG ¶ 26(b)appliedA 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; (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 national security.”
Procedural Posture
- SOR issuedOct 14, 2008
- Answer filedNov 6, 2008
- Hearing heldFeb 4, 2009
- Decision dateMar 19, 2009
Cite For
- Successful Rehabilitation Under Guideline G
- Mitigating Conditions for Past Drug Use Under Guideline H
- Whole Person Concept in Security Clearance Evaluations