Summary
A 32-year-old defense contractor 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 2009, after having received a security clearance in 2005. This raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 25(a) and AG ¶ 25(g).
However, the judge found that the applicant successfully mitigated these concerns. The applicant demonstrated contrition for his past drug use and committed to future abstinence, signing a statement of intent that included automatic clearance revocation for any future violations. This applied mitigating conditions under AG ¶ 26(a) and AG ¶ 26(b).
Additionally, the applicant provided positive character references from superiors, attesting to his reliability and ethical conduct, which aligned with mitigating conditions AG ¶ 17(c) and AG ¶ 17(e). Based on these factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated contrition for his past drug use and took steps to ensure it would not recur.
- He signed a statement of intent with automatic revocation of clearance for any future violations.
- Positive character references from superiors indicated his reliability and ethical conduct.
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)appliedDemonstrated Intent Not to Abuse 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 Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 19, 2013
- Answer filedDec 6, 2013
- Hearing heldApr 16, 2014
- Decision dateMay 2, 2014
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Contrition and Commitment to Abstain
- Application of the Whole-person Concept in Evaluating Security Clearance Eligibility
- Consideration of Positive Character References in Security Clearance Decisions