Summary
A 27-year-old security technician and U.S. Navy veteran was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons detailed three instances of marijuana use: three or four times in high school due to peer pressure, a positive random urinalysis in November 2007 while holding a clearance, and one additional use in December 2007 after being notified of his termination.
Disqualifying conditions related to drug involvement were raised, including AG ¶ 25(a), (b), (c), and (g). However, the judge applied mitigating conditions AG ¶ 26(a), (b), and (d).
The decision to grant the clearance was based on several factors. The applicant's marijuana use was infrequent and occurred over 11 years prior to the decision, demonstrating a significant period of abstinence. He also showed a sincere intent to remain drug-free, including signing a declaration of intent. Furthermore, the applicant was highly regarded by his supervisors and colleagues, which supported his trustworthiness despite his past drug use.
Why the Applicant Prevailed
- The applicant's marijuana use was infrequent and occurred over 11 years ago, demonstrating a significant period of abstinence.
- He has shown a sincere intent not to use illegal drugs in the future, including signing a declaration of intent.
- The applicant is highly regarded by supervisors and colleagues, indicating trustworthiness despite past drug use.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(b)raisedTesting Positive for Illegal Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Purchase
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant did not seek or receive any drug treatment.
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 27, 2009
- Answer filedJun 17, 2009
- Hearing heldAug 27, 2009
- Decision dateSep 30, 2009
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Last Use
- Demonstrated Intent to Remain Drug-free as a Mitigating Factor
- Whole Person Concept Applied in Evaluating Security Clearance Eligibility