Summary
This case involves a 53-year-old field engineer for a defense contractor whose security clearance was granted despite concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant admitted to using cocaine approximately 12 times between March 1999 and April 2000. In April 2000, he was arrested and convicted for distributing cocaine.
Following his conviction, the applicant was placed in and successfully completed a pre-trial intervention program. This program included drug counseling and negative drug tests, demonstrating a commitment to abstain from drug use. He credibly testified to his remorse and intent to avoid future drug abuse, confirming he has not used cocaine since April 2000.
The decision to grant the clearance was based on the applicant's sustained abstinence from cocaine since April 2000, his successful completion of the intervention program, and his demonstrated commitment to avoid future drug use. These factors effectively mitigated the initial security concerns related to his past drug involvement and criminal conduct.
Why the applicant prevailed
- The applicant has not used cocaine since April 2000 and has demonstrated an intent not to abuse drugs in the future.
- The applicant successfully completed a pre-trial intervention program, including drug counseling and negative drug tests.
- The applicant's credible testimony reflected remorse and a commitment to avoid future drug use.
Conditions referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
- E2.A8.1.3.2rejectedThe Drug Involvement Was an Isolated or Aberrational EventThe applicant's use of cocaine was not considered isolated as he used it 12 times.
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant's drug use was not isolated.
- E2.A10.1.3.6appliedThere Is Clear Evidence of Successful Rehabilitation
Key rule quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural posture
- SOR issuedNov 22, 2005
- Answer filedNov 29, 2005
- Hearing heldJun 9, 2006Applicant waived the 15 day notice requirement.
- Decision dateJun 30, 2006
Cite for
- Mitigation of Drug Involvement Under Guideline H Due to Successful Rehabilitation
- Mitigation of Criminal Conduct Under Guideline J Based on Evidence of Remorse and Intent to Abstain From Drugs
- Consideration of the 'whole Person' Concept in Security Clearance Decisions.