Summary
A 26-year-old staff administrator for a defense contractor was granted a security clearance despite past issues under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged the applicant used various illegal drugs, including marijuana, LSD, cocaine, and amphetamines, recreationally during her teenage years. This history included a 1998 guilty plea for possession of drug paraphernalia.
However, the applicant ceased all illegal drug use by 2002 and has not been arrested since her 1998 charge. The judge found that she demonstrated a significant change in behavior and attitude toward drugs and alcohol, exhibiting responsibility in both her personal and professional life.
Positive testimonials from her current employer and colleagues further supported her work ethic and reliability. Based on these mitigating factors, the security concerns were resolved, and the applicant's security clearance was granted.
Why the Applicant Prevailed
- The applicant ceased all illegal drug use by 2002 and has not been arrested since her 1998 DUI and drug paraphernalia charge.
- She has demonstrated a significant change in behavior and attitude towards drugs and alcohol, showing responsibility in her personal and professional life.
- The applicant's current employer and colleagues provided positive testimonials regarding her work ethic and reliability.
Conditions Referenced
- E2.A5.1.2.4raisedPersonal Conduct That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress.
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations.
- E2.A8.1.2.1raisedAny Drug Abuse.
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Process, Manufacture, Purchase Sales, or Distribution.
- E2.A5.1.3.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress.
- E2.A5.1.3.7appliedAssociation with Persons Involved in Criminal Activities Has Ceased.
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent.
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future.
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedApr 27, 2005
- Answer filedMay 27, 2005Applicant submitted a notarized response and requested a hearing.
- Hearing heldOct 13, 2005Hearing conducted with both government and applicant exhibits admitted.
- Decision dateNov 29, 2005
Cite For
- Mitigation of Past Drug Use Under Guideline H
- Demonstrated Change in Behavior and Responsibility Under Guideline E
- Impact of Personal Conduct on Security Clearance Eligibility