Summary
A 42-year-old male applicant with an accounting and computer engineering background was granted a security clearance despite concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The Statement of Reasons cited the applicant's frequent marijuana use from 1975 to 1982, with two undisclosed uses in 1998, and a failure to fully disclose drug involvement on a June 2001 security questionnaire for the period after 1996.
Additionally, the applicant faced personal conduct concerns for failing to disclose two job terminations from the same employer: one in 1992 and another in September 1995 due to misconduct. Disqualifying conditions H.A, E.B.1, and E.B.2 were raised.
However, the applicant successfully mitigated these concerns. He demonstrated a five-year period of abstinence from illicit drugs and provided credible testimony of his intent to remain drug-free. Positive character references supported his reliability and trustworthiness, and a change in personal circumstances was noted. Mitigating conditions H.E.1, H.E.3, E.C.1, E.C.2, and E.C.5 were applied, leading to the granting of his security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a five-year period of abstinence from illicit drugs.
- He provided credible testimony regarding his intent not to use drugs again.
- Positive character references supported his reliability and trustworthiness.
Conditions Referenced
- H.AraisedDrug Involvement
- E.B.2raisedDeliberate Omission of Relevant Facts
- E.B.1raisedUntrustworthiness Due to Past Conduct
- H.E.1appliedThe Drug Involvement Is Not Recent
- H.E.3appliedDemonstrated Intent Not to Abuse Drugs in the Future
- E.C.1appliedInformation Not Pertinent to Judgment or Reliability
- E.C.2appliedFalsification Was an Isolated Incident and Not Recent
- E.C.5appliedPositive Steps Taken to Reduce Vulnerability to Coercion
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedSep 24, 2002
- Answer filedOct 18, 2002Applicant responded to SOR allegations.
- Hearing heldMay 1, 2003Hearing convened by Administrative Judge Howe.
- Decision dateMay 22, 2003
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to a Significant Period of Abstinence
- Successful Rebuttal of Personal Conduct Allegations Through Credible Testimony and Character References
- Consideration of Personal Circumstances and Changes in Behavior in Security Clearance Determinations.