Summary
A 56-year-old defense contractor with a master's degree was granted a security clearance despite concerns raised under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The government alleged the applicant purchased and used marijuana while previously holding a security clearance, citing disqualifying conditions related to drug involvement and personal conduct.
However, the judge found that the applicant's infrequent marijuana use occurred many years prior, with no use reported since 2009. The applicant demonstrated a credible intent to abstain from future drug use, supported by evidence of rehabilitation, including regular attendance at Alcoholics Anonymous meetings and professional psychiatric care.
Ultimately, the judge determined that the applicant's past conduct was unlikely to recur and did not compromise his current reliability or trustworthiness. Mitigating conditions related to drug involvement and personal conduct were applied, leading to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant had not used marijuana since 2009 and demonstrated a credible intent not to use drugs in the future.
- He provided evidence of rehabilitation through regular attendance at Alcoholics Anonymous meetings and professional psychiatric care.
- The applicant's conduct was deemed unlikely to recur and did not cast doubt on his current reliability or trustworthiness.
Conditions Referenced
- H.25(a)raisedAny Drug Abuse
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
- E.16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation
- H.26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
- H.26(b)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E.17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent
- E.17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedNov 7, 2014
- Answer filedMar 13, 2015
- Hearing heldJun 16, 2015
- Decision dateNov 17, 2015
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Long Abstinence and Credible Intent to Refrain From Future Use
- Application of the Whole-person Concept in Evaluating Security Clearance Eligibility
- Consideration of Personal Conduct in Light of Rehabilitation Efforts and Community Respect