Summary
This case concerns a 32-year-old information assurance analyst whose eligibility for a security clearance was reviewed under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used marijuana with varying frequency from 1998 to 2005, and also while holding a secret clearance granted in October 2008 and an interim top secret clearance granted in January 2011. Additionally, it was alleged that the applicant deliberately falsified material facts on his e-QIP dated January 11, 2012, by answering "no" to a question regarding illegal drug use while possessing a security clearance.
Disqualifying conditions under both guidelines were raised, including H.25(a), H.25(c), H.25(g), E.16(a), and E.16(d). However, the judge applied mitigating conditions H.26(a), H.26(b), E.17(c), and E.17(d).
The judge ultimately granted the applicant eligibility for access to classified information. This decision was based on the finding that the applicant's belief he did not possess a security clearance after September 2009 was reasonable. Furthermore, the applicant demonstrated a commitment to abstaining from drug use, having not used drugs since April 2011. The applicant's credible testimony and personal circumstances also supported a favorable assessment under the whole-person concept.
Why the Applicant Prevailed
- The applicant's belief that he did not possess a security clearance after September 2009 was deemed reasonable.
- The applicant demonstrated a commitment to abstaining from drug use, having not used drugs since April 2011.
- The applicant's credible testimony and personal circumstances supported a favorable assessment under the whole-person concept.
Conditions Referenced
- H.25(a)raisedDrug Abuse
- H.25(c)raisedIllegal Drug Possession
- H.25(g)rejectedIllegal Drug Use After Being Granted a Security ClearanceThe applicant was unaware he had a security clearance at the time of his drug use.
- E.16(a)rejectedDeliberate Omission or FalsificationThe applicant's failure to disclose drug use was not deliberate due to his good-faith belief.
- E.16(d)rejectedCredible Adverse InformationThe applicant's one-time drug use did not indicate a pattern of untrustworthiness.
- H.26(a)appliedBehavior Unlikely to Recur
- H.26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- E.17(c)appliedMinor Offense or Unlikely to Recur
- E.17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
Key Rule Quoted
“The ultimate decision of whether the granting or continuing eligibility for a security clearance is clearly consistent with the interests of national security must be a judgment based on common sense after a careful review of the guidelines, which are to be evaluated in the context of the whole-person concept.”
Procedural Posture
- SOR issuedNov 14, 2012
- Answer filedNov 30, 2012
- Hearing heldMar 5, 2013
- Decision dateMar 25, 2013
Cite For
- Reasonable Belief Regarding Security Clearance Status
- Commitment to Abstain From Drug Use
- Whole-person Assessment in Security Clearance Decisions