Summary
The applicant, a 29-year-old defense contractor with a bachelor's degree, sought a security clearance despite past marijuana use. He admitted to using marijuana infrequently during college and once in 2012 while holding a security clearance. The judge granted the clearance, finding that the applicant had demonstrated a commitment to abstain from drug use and had shown significant personal and professional growth since the incidents.
Under Guideline H (Drug Involvement), the Statement of Reasons alleged the following: The Government alleges in this paragraph that Applicant is ineligible for clearance because he has used marijuana, and that he used it while holding a security clearance (1.a). Applicant admitted both allegations in the SOR, and submitted additional information supporting his request for a security clearance (1.b).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 25(a), AG ¶ 25(g). The judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b). The decision turned on the following: The applicant's marijuana use was infrequent and occurred several years ago; He demonstrated a credible intent not to use illegal drugs in the future, including a signed statement of intent; The applicant provided evidence of strong job performance and character references.
Why the Applicant Prevailed
- The applicant's marijuana use was infrequent and occurred several years ago.
- He demonstrated a credible intent not to use illegal drugs in the future, including a signed statement of intent.
- The applicant provided evidence of strong job performance and character references.
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)appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
Key Rule Quoted
“The ultimate determination of whether to grant eligibility for a security clearance must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept.”
Procedural Posture
- SOR issuedSep 29, 2014
- Answer filedOct 28, 2014
- Hearing heldFeb 26, 2015
- Decision dateApr 24, 2015
Cite For
- Mitigation of Drug Involvement Under Guideline H
- Demonstrated Intent Not to Use Illegal Drugs in the Future
- Whole-person Concept in Security Clearance Evaluations