Summary
A 42-year-old federal contractor, holding a bachelor's degree and previously a secret clearance, was granted a top-secret security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana twice between 2003 and 2004, which occurred while he held a security clearance.
However, the applicant demonstrated a significant period of abstinence from drug use, having ceased all use since his marriage in 2004. He provided credible testimony to the judge, indicating a substantial change in his lifestyle and values following his marriage and the birth of his children.
Furthermore, the applicant submitted a signed statement affirming his intent to avoid all illegal drug use in the future. The judge determined that these actions effectively mitigated the security concerns related to both drug involvement and personal conduct, leading to the decision to grant the requested security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from drug use since 2004.
- He provided credible testimony indicating a change in lifestyle and values after marriage and parenthood.
- The applicant submitted a signed statement of intent to avoid illegal drug use in the future.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- 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
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
Key Rule Quoted
“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
Procedural Posture
- SOR issuedFeb 8, 2013
- Answer filed—
- Hearing heldJul 10, 2013
- Decision dateJul 31, 2013
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Time Elapsed Since Conduct
- Demonstrated Intent to Avoid Future Drug Use as a Mitigating Factor
- Whole-person Assessment in Evaluating Personal Conduct Under Guideline E