Summary
A 27-year-old production operator was granted a security clearance despite past issues related to drug involvement, alcohol consumption, and personal conduct. The applicant had a drug arrest in May 2000 for possession of cocaine and marijuana, which occurred while he held an existing security clearance. The charges were placed on the stet docket in October 2000, and he completed a substance abuse awareness program in September 2000.
Additionally, in June 2001, the applicant was arrested and sentenced for Driving Under the Influence of Alcohol (DUI), receiving a suspended 30-day jail term, one year of unsupervised probation, and a $205 fine and costs. He successfully completed a court-ordered substance abuse awareness program in September 2001.
The judge found that the drug arrest, occurring over four years prior, and the DUI incident, over three years prior, were not indicative of current issues. The applicant was candid in disclosing these past offenses and prior drug use in his security clearance applications. The isolated failure to disclose prior marijuana use was not deemed disqualifying, leading to the favorable decision to grant the clearance.
Why the Applicant Prevailed
- The applicant's drug arrest occurred over four years ago and was not indicative of current drug abuse.
- The applicant's DUI incident was isolated, occurred more than three years ago, and he completed a substance abuse program.
- The applicant was candid in his security clearance applications, disclosing his past offenses and prior drug use.
Conditions Referenced
- E2.A8.1.2.1raisedDrug Abuse
- E2.A7.1.2.1raisedAlcohol-related Incidents
- E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts
- E2.A8.1.3.1appliedDrug Involvement Was Not Recent
- E2.A7.1.3.1appliedAlcohol-related Incidents Do Not Indicate a Pattern
- E2.A7.1.3.2appliedProblem Occurred a Number of Years Ago with No Recent Issues
- E2.A5.1.3.2appliedFalsification Was an Isolated Incident and Not Recent
Key Rule Quoted
“Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of national security.”
Procedural Posture
- SOR issuedOct 22, 2003
- Answer filedNov 19, 2003Requested decision on written record.
- Hearing held—No hearing; decision based on written record.
- Decision dateJan 31, 2005
Cite For
- Mitigation of Drug Involvement Under Guideline H Due to Time Elapsed Since Last Offense
- Mitigation of Alcohol-related Incidents Under Guideline G When No Pattern Is Established
- Consideration of Candor in Security Clearance Applications Under Guideline E.