Summary
The applicant, a 30-year-old software engineer with a history of drug and alcohol abuse, successfully mitigated security concerns under Guidelines E, G, and H. The judge found that the applicant's maturation, abstinence from drugs and alcohol since 2006, and ongoing therapy demonstrated a commitment to responsible behavior. Consequently, the applicant was granted a security clearance.
Under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The applicant drove while intoxicated on multiple occasions and once accidentally hit his friend with his car while driving intoxicated (2.a). The applicant drank alcohol excessively beginning in 1998, and did not significantly reduce his pattern consumption until after his security clearance application with another agency was denied in mid-2009 (2.b). The psychologist who evaluated the applicant in 2009 diagnosed him with polysubstance dependence and alluded to an earlier diagnosis of alcohol dependence (2.c). The applicant has not engaged in alcohol abuse since mid-2009 and has taken steps to mitigate concerns regarding his alcohol consumption (2.d). He was heavily involved with illegal drugs from his mid-teens to his early twenties (1.a). His involvement extended to purchasing illegal drugs with the intent to sell them (1.b). In 2009 a psychologist diagnosed Applicant with polysubstance dependence in partial remission (1.c). He used marijuana, cocaine, LSD, and hashish (1.d). He attempted to distribute marijuana in 2001 (1.e). He abused legal prescription drugs between 1999 and 2001 (1.f). He has not used illegal drugs since 2006 (1.g). He has memorialized his intention never to resume illegal drug use in an affidavit (1.h).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(d), AG ¶ 22(a), AG ¶ 22(c), AG ¶ 22(d). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 23(a), AG ¶ 23(b), AG ¶ 16(e). The decision turned on the following: The applicant has not used illegal drugs or abused legal drugs since 2006; The applicant has significantly reduced his alcohol consumption and has been abstinent for extended periods; The applicant's maturity and positive changes in his life, including marriage and career success, were considered.
Why the Applicant Prevailed
- The applicant has not used illegal drugs or abused legal drugs since 2006.
- The applicant has significantly reduced his alcohol consumption and has been abstinent for extended periods.
- The applicant's maturity and positive changes in his life, including marriage and career success, were considered.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(d)raisedDiagnosis of Drug Abuse or Drug Dependence
- AG ¶ 22(a)raisedAlcohol Incidents Away From Work
- AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
- AG ¶ 22(d)raisedDiagnosis by a Duly Qualified Medical Professional of Alcohol Abuse or Dependence
- AG ¶ 26(a)appliedBehavior Happened so Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- AG ¶ 23(a)appliedSo Much Time Has Passed That It Is Unlikely to Recur
- AG ¶ 23(b)appliedAcknowledges Issues of Alcohol Abuse and Provides Evidence of Actions Taken to Overcome This Problem
- AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 1, 2011
- Answer filedSep 21, 2011
- Hearing heldJan 12, 2012
- Decision dateFeb 24, 2012
Cite For
- Mitigation of Past Drug and Alcohol Abuse Under Guidelines G and H
- Consideration of Maturity and Life Changes in Security Clearance Decisions
- Importance of Ongoing Therapy and Personal Commitment in Mitigating Security Concerns