Summary
A 23-year-old naturalized U.S. citizen from Russia was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's admitted illegal drug use, which included marijuana, cocaine, inhalants, mushrooms, and non-prescribed medications. Specifically, he used marijuana over a seven-year period, from age 14 to 22, and sometimes purchased it along with cocaine. He also tried mushrooms once, used nitrous oxide less than 10 times between 2003 and 2006, and occasionally shared Valium, Vicodin, or Adderall prescribed to friends.
Disqualifying conditions were raised under Adjudicative Guideline (AG) ¶ 25(a) and AG ¶ 25(c). However, the judge applied mitigating conditions under AG ¶ 26(a) and AG ¶ 26(b).
The clearance was granted because the applicant had ceased all illegal drug use over two years prior to the hearing. He demonstrated a commitment to avoiding future drug use, maintained stable employment, and provided positive character references attesting to his current reliability and trustworthiness.
Why the Applicant Prevailed
- The applicant ceased illegal drug use over two years prior to the hearing.
- He demonstrated a commitment to avoiding illegal drug use and has maintained stable employment.
- Positive character references supported the applicant's current reliability and trustworthiness.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- 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
Key Rule Quoted
“A security clearance decision is intended only to resolve the questions of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedJun 23, 2009
- Answer filedJul 13, 2009Notarized, undated Answer received.
- Hearing heldOct 6, 2009
- Decision dateFeb 23, 2010
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Consideration of the Whole Person Concept in Security Clearance Decisions
- Demonstrated Intent to Avoid Future Drug Use as a Mitigating Factor