Summary
This DOHA security clearance decision involved a 26-year-old master electrician, with concerns raised under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant illegally used marijuana in 1999, failed to disclose this use in security clearance applications from 1999 until 2008, and made a false statement during a March 2008 interview with a Government investigator. Specifically, it was noted that the applicant illegally experimented with marijuana in 1999 when he was 14 years old.
Disqualifying conditions under both guidelines were considered, including those related to illegal drug use and deliberate misrepresentation. However, several mitigating conditions were applied.
The judge ultimately granted the security clearance. This decision was based on findings that the applicant's 1999 marijuana use was temporally remote and infrequent. The applicant demonstrated reliability, sound judgment, and a commitment to comply with laws and regulations. Furthermore, the applicant's demeanor and credible testimony supported his claim of having used marijuana only once.
Why the applicant prevailed
- The applicant's 1999 marijuana use was deemed temporally remote and infrequent.
- The applicant demonstrated reliability, judgment, and a commitment to comply with laws and regulations.
- The applicant's demeanor and credible testimony supported his claims of only using marijuana once.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability
- AG ¶ 16(g)raisedAssociation with Persons Involved in Criminal Activity
- AG ¶ 26(a)appliedThe Drug Involvement Was Infrequent and Remote
- AG ¶ 26(b)appliedThe Individual Has Disassociated From Drug-using Associates
- AG ¶ 17(c)appliedThe Individual Acknowledged the Behavior Was Improper
- AG ¶ 17(d)appliedThe Individual Is Now a Responsible Person
- AG ¶ 17(f)appliedThe Information Was Unsubstantiated
- AG ¶ 17(g)appliedThe Individual Has Taken Steps to Reduce Vulnerability
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural posture
- SOR issuedApr 29, 2011
- Answer filedMay 16, 2011
- Hearing heldJul 26, 2011Applicant testified and presented witnesses.
- Decision dateAug 25, 2011
Cite for
- Mitigation of Past Drug Use Under Guideline H Due to Time Elapsed
- Credibility of Applicant's Testimony Regarding Drug Use
- Application of Whole-person Concept in Security Clearance Decisions