Summary
A 24-year-old defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The government alleged the applicant made a false statement on an eQIP submitted in November 2006 by denying illegal drug use. Further allegations included marijuana use from May 2006 to February 2010, purchasing marijuana, and using it after receiving a security clearance in 2007.
The applicant was also arrested in 2008 for marijuana possession, drug paraphernalia, and using a false driver’s license to obtain alcohol. In March 2007, he was charged with speeding and possessing a fake identification card. A workplace drug screening in February 2010 confirmed marijuana use, leading to his completion of a drug rehabilitation program.
The judge found that the applicant successfully mitigated these concerns. He demonstrated a significant period of abstinence from drug use since February 2010, completed a rehabilitation program, and maintained a positive work reputation. Additionally, his personal circumstances improved, including a committed relationship with a non-drug user. Based on this evidence of rehabilitation and changed circumstances, the security clearance was granted.
Why the applicant prevailed
- The applicant demonstrated a significant period of abstinence from drug use since February 2010.
- He completed a drug rehabilitation program and maintained a positive reputation at work.
- The applicant's personal circumstances improved, including a committed relationship with a non-drug user.
Conditions referenced
- AG ¶ 25(a)raisedDrug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Clearance
- AG ¶ 16(a)raisedFalsification of Security Questionnaire
- AG ¶ 26(a)appliedBehavior Occurred Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs
- AG ¶ 17(c)appliedMinor or Isolated Conduct
- AG ¶ 17(d)appliedAcknowledgment and Counseling
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability
- AG ¶ 17(f)appliedCeased Association with Criminal Activities
Key rule quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural posture
- SOR issuedJun 10, 2011
- Answer filedSep 30, 2011Applicant requested a hearing.
- Hearing heldDec 1, 2011
- Decision dateFeb 10, 2012
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Rehabilitation Efforts
- Application of Mitigating Conditions for Personal Conduct Violations
- Consideration of Personal Circumstances in Security Clearance Decisions