Summary
A 27-year-old federal contractor was granted a security clearance despite a history of drug involvement, as outlined under Guideline H. The Statement of Reasons detailed the applicant's drug use and distribution from 1994 to 2004, encompassing various illegal substances such as cocaine, ecstasy, marijuana, ketamine, mushrooms, LSD, and unprescribed Valium. Specific allegations included purchasing cocaine at least twice and selling it once, purchasing ecstasy 15 times and selling it two or three times, and purchasing marijuana 9-10 times and selling it two or three times. The applicant also purchased ketamine at least three times, LSD 7-9 times, and used mushrooms at least five times, often while involved in the 'rave' culture as a disc jockey.
However, the applicant successfully mitigated these security concerns. He has not used drugs in over two years and has demonstrated a firm commitment to a drug-free lifestyle. This commitment was supported by his voluntary attendance at a drug counseling program for screening and his completion of a drug awareness class at his own expense.
The judge found the applicant's credible testimony and proactive efforts to change his lifestyle persuasive. These actions, demonstrating significant personal growth, led to the decision to grant the security clearance.
Why the applicant prevailed
- The applicant has not used drugs in over two years and has demonstrated a commitment to a drug-free lifestyle.
- He voluntarily attended a drug counseling program and completed a drug awareness class at his own expense.
- The applicant's credible testimony and proactive efforts to change his lifestyle were persuasive in mitigating security concerns.
Conditions referenced
- E2.A8.1.2.1raisedAny Drug Abuse
- E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
- 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 extensive drug use over a ten-year period was not considered isolated.
- E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future
- E2.A8.1.3.4rejectedSatisfactory Completion of a Prescribed Drug Treatment Program, Including Rehabilitation and Aftercare Requirements, Without Recurrence of Abuse, and a Favorable Prognosis by a Credentialed Medical ProfessionalWhile the applicant sought counseling, it did not meet the technical requirements for this condition.
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 issuedJun 23, 2006
- Answer filedAug 18, 2006
- Hearing heldOct 25, 2006
- Decision dateNov 17, 2006
Cite for
- Mitigation of Drug Involvement Under Guideline H
- Demonstrated Intent to Remain Drug-free
- Impact of Proactive Rehabilitation Efforts on Security Clearance Decisions