Summary
A 30-year-old federal contractor employee was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged illegal marijuana use between 2003 and 2009, including after receiving a security clearance in 2008, and falsification of his 2008 security clearance application to conceal this drug-related behavior.
Disqualifying conditions cited included those related to drug involvement and personal conduct, specifically falsifying or omitting information from a security clearance application. However, several mitigating conditions were applied. The applicant fully disclosed his past illegal drug use and the falsification in subsequent security clearance applications and interviews.
Crucially, there was no evidence of further illegal drug use after 2009, and the applicant demonstrated a clear commitment to abstain from illegal drug use, supported by a signed statement of intent. The judge found these mitigating factors sufficient to resolve the security concerns, resulting in the security clearance being granted.
Why the Applicant Prevailed
- The applicant disclosed his illegal drug use and falsification in subsequent security clearance applications and interviews.
- There is no evidence of further illegal drug use after 2009.
- The applicant demonstrated a commitment to abstain from illegal drug use, including a signed statement of intent.
Conditions Referenced
- H.24(a)raisedDrug Abuse
- H.24(c)raisedIllegal Drug Possession
- H.24(g)raisedIllegal Drug Use After Clearance
- E.16(a)raisedFalsification of Security Clearance Application
- E.16(e)raisedPersonal Conduct Creating Vulnerability
- H.26(a)appliedBehavior Happened Long Ago
- H.26(b)appliedDemonstrated Intent Not to Abuse Drugs
- E.17(a)appliedPrompt Good-faith Efforts to Correct
- E.17(c)appliedMinor Offense or Time Passed
- E.17(e)appliedPositive Steps to Reduce Vulnerability
Key Rule Quoted
“Eligibility for access to classified information may be granted "only upon a finding that it is clearly consistent with the national interest to do so."”
Procedural Posture
- SOR issuedNov 26, 2014
- Answer filedDec 23, 2014
- Hearing heldNov 18, 2015Applicant waived the right to 15 days’ advance notice.
- Decision dateMar 25, 2016
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Absence of Recent Use
- Disclosure of Past Conduct as a Mitigating Factor Under Guideline E
- Importance of Demonstrating Intent to Comply with Laws and Regulations for Security Clearance Eligibility.