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Summary

The applicant, a 30-year-old divorced man with two children, faced security concerns under Guidelines E, F, H, and J due to a history of drug involvement, minor criminal conduct, and financial issues. The judge found that the applicant successfully mitigated these concerns through significant life changes, including a stable employment history and a commitment to resolving financial obligations. Consequently, the applicant was granted a security clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant provided two varying answers regarding past marijuana use (4.a). Collection account in the amount of $311.00 (2.a). Collection account in the amount of $900.00 (2.b). Phone company collection account in the amount of $207.00 (2.c). Charged off account in the amount of $71.00 (2.d). Collection account in the amount of $56.00 (2.e). Collection account in the amount of $107.00 (2.f). Charged off account in the amount of $900.00 (2.g). Judgment in favor of phone company in the amount of $600.00 (2.h). Back payments on home foreclosure in the amount of $5,000.00 (2.i). Applicant used marijuana approximately once or twice a week from approximately 1991 to 1994, SOR ¶ 1.a (1.a). Applicant sold cocaine once in approximately 1994, SOR ¶ 1.b (1.b). On March 8, 1995, Applicant was arrested for possession of a controlled dangerous substance (marijuana). He plead guilty and received a two month suspended sentence and six months probation, SOR ¶ 1.c (1.c). Between 1995 and 1999, Applicant smoked marijuana approximately once every 6 to 12 months, SOR ¶ 1.d (1.d). On July 20, 1994, Applicant was arrested for disturbing the peace, disorderly conduct, and assault and battery. On September 8, 1994, these charges were nol prossed, SOR ¶ 3.a (3.a). In 1997, Applicant was arrested and charged with writing checks for insufficient funds in an amount exceeding $1,000.00. Applicant negotiated a payment plan for these debts, SOR ¶ 3.c (3.c).

The judge granted the clearance. The government raised disqualifying conditions E2.A8.1.2.1, E2.A6.1.2.1, E2.A10.1.2.1. The judge applied mitigating conditions E2.A8.1.3.1, E2.A6.1.3.3, E2.A10.1.3.1, E2.A6.1.3.6, E2.A10.1.3.6. The decision turned on the following: The applicant demonstrated a significant turnaround in personal conduct and stability since his past issues; He has been drug-free for over seven years and has maintained a positive employment record as a security officer; The applicant resolved all outstanding debts and showed a commitment to financial responsibility.

Why the Applicant Prevailed

• The applicant demonstrated a significant turnaround in personal conduct and stability since his past issues.
• He has been drug-free for over seven years and has maintained a positive employment record as a security officer.
• The applicant resolved all outstanding debts and showed a commitment to financial responsibility.

Conditions Referenced

Key Rule Quoted

“Security clearances are granted only when "it is clearly consistent with the national interest to do so."”

Procedural Posture

• SOR issuedMay 3, 2004
• Answer filedMay 24, 2004
• Hearing heldApr 8, 2005
• Decision dateMay 25, 2005

Cite For

• Mitigation of Drug Involvement Due to Time Elapsed and Positive Life Changes
• Successful Rehabilitation in the Context of Financial Difficulties
• Resolution of Past Criminal Conduct Through Time and Personal Growth