Summary
A 47-year-old engineer and operations manager was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used marijuana in 2007 while holding a security clearance and failed to disclose this use on his December 10, 2009 SF-86. He also initially denied marijuana use before completing his June 6, 2007 SF-86, and later admitted to the omission on his 2009 form.
Disqualifying conditions related to drug involvement (H.25.a, H.25.c, H.25.g) and personal conduct (E.16.a, E.16.b) were raised. However, the judge applied several mitigating conditions. The applicant's marijuana use was deemed infrequent and occurred over four years prior, satisfying mitigating condition H.26.a.
Furthermore, the applicant demonstrated a clear intent to abstain from future illegal drug use, supported by a signed statement, which addressed mitigating condition H.26.b. Crucially, the applicant made prompt, good-faith efforts to correct his earlier misrepresentation before being confronted with the facts, thereby satisfying mitigating condition E.15. Based on these factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant's marijuana use occurred over four years prior and was infrequent, mitigating concerns under AG ¶ 26(a).
- The applicant demonstrated a clear intent not to use illegal drugs in the future, supported by a signed statement of intent, mitigating concerns under AG ¶ 26(b).
- The applicant made prompt, good-faith efforts to correct his earlier misrepresentation before being confronted, mitigating concerns under AG ¶ 15.
Conditions Referenced
- H.25.araisedAny Drug Abuse
- H.25.craisedIllegal Drug Possession
- H.25.graisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- E.16.braisedDeliberately Providing False or Misleading Information
- H.26.aappliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26.bappliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E.15appliedConduct Involving Questionable Judgment, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
Key Rule Quoted
“Eligibility for a security clearance is predicated upon meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedJan 11, 2012
- Answer filedMar 12, 2012
- Hearing heldMay 10, 2012Applicant waived his right to 15 days notice.
- Decision dateMay 31, 2012
Cite For
- Mitigation of Drug Involvement Concerns Under AG ¶ 26(a) and (b) Due to the Passage of Time and Intent Not to Use Drugs in the Future
- Good-faith Efforts to Correct Misrepresentation Under AG ¶ 15
- Consideration of the Whole-person Concept in Security Clearance Determinations.