Summary
This case involved a 23-year-old pipe fitter apprentice whose security clearance was reviewed under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). Concerns arose from his admitted marijuana use between ages 15 and 21, obtained from friends or his father, and two arrests for marijuana possession in July 2007 and February 2008. Additionally, he faced a larceny charge for being a passenger in a campus police golf cart taken by his roommate, which subsequently ended up in a river.
Disqualifying conditions under both guidelines were raised, but mitigating conditions were applied. The judge noted that the applicant had not used illegal drugs for over three years, with abstinence dating back to February 2009. He also demonstrated a clear intent to abstain from future drug use, reinforced by his enrollment in a drug-free apprentice program.
The judge determined that the applicant's past criminal conduct was minor, occurred over four years prior, and was not indicative of his current reliability or trustworthiness. Based on these factors, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated a significant period of abstinence from drug use since February 2009.
- He expressed a clear intent not to use drugs in the future and entered a drug-free apprentice program.
- The criminal conduct was minor, occurred over four years ago, and was not indicative of current reliability or trustworthiness.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Use
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Unusual 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
- 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
Key rule quoted
“The ultimate determination of whether to grant a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural posture
- SOR issuedMar 24, 2011
- Answer filedApr 21, 2011Response returned for lack of hearing request.
- Hearing heldOct 5, 2011Applicant requested a decision on the record.
- Decision dateFeb 16, 2012
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Significant Abstinence and Intent to Avoid Future Use
- Mitigation of Criminal Conduct Under Guideline J Based on the Minor Nature and Age of the Offense
- Application of the Whole-person Concept in Evaluating Past Conduct and Current Reliability.