Summary
A 30-year-old project engineer for a defense contractor was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed the applicant's use of marijuana and cocaine multiple times between January 1992 and April 2000, and a single instance of cocaine use in May 2002. However, the applicant asserted no drug use since May 2002 and demonstrated an intent to remain drug-free.
Disqualifying conditions under Guideline H (HDC 1, HDC 2) and Guideline E (ECD 5) were raised. Mitigating conditions were applied, specifically HMC 1, HMC 2, HMC 3, and an unspecified E MC. The judge found that the applicant provided independent evidence corroborating his claim of abstinence since May 2002.
Furthermore, the one-time cocaine use in May 2002 was not considered a rule violation due to a lack of notice regarding the rule. The applicant's past conduct was also mitigated by favorable character evidence and a negative drug test. Based on these factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant provided independent evidence supporting his claim of not using drugs since May 2002.
- The applicant's one-time cocaine use in May 2002 was not deemed a rule violation due to lack of notice of the rule.
- The applicant's past conduct was mitigated by favorable character evidence and a negative drug test.
Conditions Referenced
- HDC 1raisedAny Drug Abuse
- HDC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- ECD 5raisedA Pattern of Dishonesty or Rules Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
- HMC 1rejectedThe Drug Involvement Was Not RecentThe applicant's cocaine use was less than two years prior.
- HMC 2rejectedThe Drug Involvement Was an Isolated or Aberrational IncidentThe applicant's history of drug use was not isolated.
- HMC 3appliedA Demonstrated Intent Not to Abuse Drugs in the FutureThe applicant's credible statements and evidence of negative drug tests supported his intent to remain drug-free.
- E MCappliedGeneral Factors of the Whole Person ConceptThe judge considered the applicant's overall character and conduct.
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 issuedJan 31, 2003
- Answer filedFeb 13, 2003
- Hearing held—Decided on written record.
- Decision dateNov 13, 2003
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Demonstrated Intent to Remain Drug-free
- Extenuating Circumstances in Personal Conduct Cases Involving Alcohol
- Consideration of the Whole Person Concept in Security Clearance Determinations.