Summary
A 42-year-old field services engineer for a defense contractor was granted a security clearance under Guideline H (Drug Involvement). The applicant's Statement of Reasons cited an isolated incident of marijuana use in September 2010, which occurred while on vacation and after he had already been granted a security clearance in August 2003. This raised disqualifying conditions under paragraphs 25(a), 25(c), and 25(g) of Guideline H.
However, the judge found that the applicant successfully mitigated these security concerns. Mitigating conditions 24(a) and 24(b) were applied, recognizing a long period of abstinence from drug use since the 2010 incident. The applicant also demonstrated a clear intent to avoid future drug use and had disassociated from any drug-using associates.
Further supporting the decision, the applicant received positive endorsements from his supervisor, attesting to his reliability and trustworthiness. These factors, combined with strong family ties and demonstrated good judgment, led to the granting of the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a long period of abstinence from drug use since September 2010.
- He expressed a clear intent not to use drugs in the future and disassociated from drug-using associates.
- The applicant received positive endorsements regarding his reliability and trustworthiness from his supervisor.
Conditions Referenced
- DC ¶ 25(a)raisedAny Drug Abuse
- DC ¶ 25(c)raisedIllegal Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution; or Possession of Drug Paraphernalia
- DC ¶ 25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- MC ¶ 24(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
- MC ¶ 24(b)appliedA Demonstrated Intent Not to Use Any Drugs in the Future, Such as Disassociation From Drug-using Associates and Contacts, and an Appropriate Period of Abstinence
Key Rule Quoted
“The adjudicative process is designed to examine a sufficient period of an applicant’s life to enable predictive judgments to be made about whether the applicant is an acceptable security risk.”
Procedural Posture
- SOR issuedMay 13, 2014
- Answer filedMay 23, 2014
- Hearing heldJul 22, 2014
- Decision dateSep 3, 2014
Cite For
- Mitigation of Drug Use Under Guideline H
- Importance of Time Elapsed Since Last Drug Use
- Consideration of Endorsements From Supervisors in Security Clearance Decisions