Summary
A 34-year-old radar systems engineer, holding a security clearance since 2003, had his clearance reviewed under Guidelines B (Foreign Influence) and H (Drug Involvement). Concerns arose from his marriage to a Romanian citizen and his past marijuana use. Specifically, the applicant's wife is a Romanian citizen, as are her parents, who reside in Romania. His father-in-law was a Romanian politician reportedly maintaining contact with Romanian government officials, and his wife purportedly has financial and property interests in Romania.
Regarding drug involvement, the applicant admitted to smoking marijuana on two consecutive evenings in September 2007 while holding a security clearance. He has not used any illegal drugs since that time.
The judge ultimately granted the security clearance. This decision was based on the applicant's demonstrated long-term abstinence from illegal drugs since 2007 and his signed commitment to remain drug-free. Furthermore, his foreign connections were considered minimal and not indicative of divided loyalties, particularly as his wife intends to become a U.S. citizen.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from drug use, having not used illegal drugs since 2007.
- He provided a signed statement of intent to abstain from drug use, acknowledging the consequences of any violations.
- The applicant's foreign connections were deemed minimal and not indicative of divided loyalties, as his wife intends to become a U.S. citizen.
Conditions Referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- AG ¶ 7(a)raisedContact with a Foreign Family Member
- AG ¶ 7(b)raisedConnections to a Foreign Person
- AG ¶ 26(a)appliedThe Behavior Happened so Long Ago
- AG ¶ 26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- AG ¶ 6rejectedForeign Contacts and Interests May Be a Security ConcernThe judge found that the applicant's foreign connections did not create a heightened risk of foreign exploitation.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural Posture
- SOR issuedMar 21, 2014
- Answer filedMar 31, 2014
- Hearing heldAug 27, 2014
- Decision dateOct 22, 2014
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Long Abstinence and Intent to Remain Drug-free
- Minimal Foreign Influence Concerns Due to Limited Contact with Foreign Relatives
- The Importance of Demonstrating Changed Circumstances in Security Clearance Cases.