Summary
A 46-year-old defense contractor was granted a top secret security clearance despite concerns raised under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct) related to past drug use. The Statement of Reasons alleged the applicant deliberately concealed his use of heroin, barbiturates, amphetamines, and hashish, and intentionally misrepresented a ten-year history of marijuana use as "brief." Disqualifying Conditions DC 3 and DC 4 were raised.
However, the judge found no deliberate intent to deceive. The applicant's admissions of past drug use were consistent over time, with minor discrepancies attributed to memory rather than dishonesty. Mitigating Conditions MC 2 and MC 5 were applied.
The decision to grant the clearance was based on the finding that the applicant did not intentionally conceal his drug use, particularly heroin. The judge noted the significant time elapsed since the conduct, the applicant's long period of abstinence from drug use, and positive character references supporting his trustworthiness.
Why the Applicant Prevailed
- The applicant's admissions of past drug use were consistent over time, despite some discrepancies in details.
- The judge found no intent to deceive regarding the applicant's drug history, attributing inconsistencies to memory rather than dishonesty.
- The applicant demonstrated a long period of abstinence from drug use and had positive character references supporting his trustworthiness.
Conditions Referenced
- DC 3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator...in Connection with a Personnel or Trustworthiness Determination;
- DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress, Such as Engaging in Activities Which, If Known, May Affect the Person's Personal, Professional, or Community Standing or Render the Person Susceptible to Blackmail.
- MC 2appliedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information Voluntarily;
- MC 5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.
Key Rule Quoted
“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”
Procedural Posture
- SOR issuedAug 9, 2002
- Answer filedSep 4, 2002
- Hearing heldFeb 13, 2003
- Decision dateMar 3, 2005Remand decision after appeal.
Cite For
- Evaluation of Credibility in Drug Use Disclosures Under Guideline E
- Consideration of Long-term Abstinence as a Mitigating Factor
- Impact of Memory on the Assessment of Past Conduct in Security Clearance Cases.