Summary
A 29-year-old certified electrician was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged two issues: first, that the applicant used marijuana twice in 2008 while working for a government contractor in a foreign country, specifically after receiving a secret-level clearance in 2002. Second, it was alleged that the applicant falsified his Security Clearance Application by failing to disclose this 2008 marijuana use in response to a question about illegal controlled substance use while holding a security clearance.
Disqualifying conditions under Guideline E and H were raised, specifically AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(g). However, the judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b).
The decision to grant the clearance was based on several factors. The applicant's marijuana use was limited to two isolated incidents in 2008 and was not recent. He acknowledged his past behavior, expressed a commitment to abstain from illegal drug use, and submitted a written statement agreeing to automatic revocation of his clearance for any future violations. The judge concluded that the behavior was unlikely to recur and that the applicant demonstrated a commitment to compliance with laws and regulations.
Why the Applicant Prevailed
- The applicant's marijuana use was limited to two isolated incidents in 2008 and was not recent.
- He acknowledged his questionable behavior and expressed a commitment to abstain from illegal drug use in the future.
- The applicant submitted a written statement of intent for automatic revocation of his security clearance for any future violations.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession, Purchase, Sale, or Distribution
- 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 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
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedMar 14, 2011
- Answer filedMar 23, 2011
- Hearing heldJun 8, 2011
- Decision dateJun 23, 2011
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Isolated Incidents
- Consideration of Applicant's Intent and Acknowledgment of Past Behavior Under Guideline E
- Whole-person Analysis in Security Clearance Determinations.