Summary
A 41-year-old federal contractor employee was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged illegal marijuana use from 1995 to 2010, including a positive drug test in 1998. Specifically, the applicant used marijuana six times after receiving a security clearance in 2005.
Disqualifying conditions related to drug involvement and personal conduct were raised. However, the judge applied several mitigating conditions. The applicant demonstrated a significant period of abstinence from illegal drug use since December 2010.
Furthermore, the applicant candidly disclosed his past marijuana use in both his 2004 and 2014 security clearance applications. He also provided a written statement committing to never use illegal drugs again, acknowledging the potential consequences of future violations. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated a significant period of abstinence from illegal drug use since December 2010.
- He disclosed his past marijuana use candidly in both his 2004 and 2014 security clearance applications.
- The applicant provided a written statement of intent to never use illegal drugs again, acknowledging the consequences of any future violations.
Conditions Referenced
- H.24raisedDrug Involvement
- H.25(a)raisedAny Drug Abuse
- H.25(b)raisedTesting Positive for Illegal Drug Use
- H.25(g)raisedAny Illegal Drug Use After Being Granted a Security Clearance
- E.16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
- H.26(a)appliedBehavior Unlikely to Recur
- H.26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- E.17(c)appliedMinor Offense or Unlikely to Recur
- E.17(d)appliedAcknowledgment of Behavior and Positive Steps Taken
- 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 issuedJan 23, 2015
- Answer filedFeb 23, 2015Applicant elected for a written record decision.
- Hearing held—No hearing; case decided on written record.
- Decision dateFeb 23, 2016
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Significant Abstinence
- Disclosure of Past Drug Use as a Mitigating Factor Under Guideline E
- Demonstrated Intent to Comply with Laws and Regulations as a Basis for Granting Clearance.