Summary
A 61-year-old logistics engineer with a history of holding security clearances was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons alleged that the applicant used marijuana approximately four to five times between fall 2011 and January 2012. Furthermore, it was alleged that when completing his May 2012 SF-86, he denied using illegal drugs or controlled substances in the preceding seven years or ever being involved with a drug or controlled substance while holding a security clearance.
The judge found that the applicant successfully mitigated these concerns. He fully disclosed his past marijuana use and the surrounding circumstances. The applicant has abstained from drug use since January 2012, demonstrating a commitment to avoid illegal drugs.
Additionally, he provided a signed statement of intent to never use illegal drugs again, with an understanding that any violation would result in automatic revocation of his clearance. Based on these mitigating factors, the security clearance was granted.
Why the applicant prevailed
- The applicant fully disclosed his past marijuana use and the circumstances surrounding it.
- He has abstained from drug use since January 2012, demonstrating a commitment to avoid illegal drugs.
- The applicant provided a signed statement of intent to never use illegal drugs again, with automatic revocation of clearance for any violation.
Conditions referenced
- AG ¶ 25(a)raisedAny Drug Abuse
- AG ¶ 25(c)raisedIllegal Drug Possession
- AG ¶ 25(g)raisedIllegal Drug Use After Being Granted a Security Clearance
- AG ¶ 26(a)appliedBehavior Happened so Long Ago
- AG ¶ 26(b)appliedDemonstrated Intent Not to Abuse Drugs in the Future
- AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission
- AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
- AG ¶ 17(d)appliedAcknowledged Behavior and Taken Positive Steps
- AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to Exploitation
- AG ¶ 17(g)appliedAssociation with Persons Involved in Criminal Activity Has Ceased
Key rule quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines (AG).”
Procedural posture
- SOR issuedJul 27, 2015
- Answer filedAug 7, 2015
- Hearing heldNov 17, 2015
- Decision dateMar 10, 2016
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Significant Abstinence Period
- Mitigation of Personal Conduct Concerns Through Full Disclosure and Corrective Actions
- Application of the Whole-person Concept in Security Clearance Determinations.