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Summary

This case concerns a 35-year-old defense contractor's application to retain his security clearance, which was ultimately granted. The primary concerns raised fell under Guideline D (Sexual Behavior) and Guideline I (Psychological Conditions), specifically related to past marijuana use. Disqualifying conditions were identified under AG ¶ 1 and AG ¶ 2.

However, several mitigating conditions were applied, particularly AG ¶ 1.b. The applicant successfully completed a drug counseling program, demonstrating a commitment to addressing past issues. Furthermore, he had abstained from marijuana use for over a year and credibly expressed an intention to avoid future use.

The judge determined that the applicant's infrequent past marijuana use, combined with the passage of time and his proactive steps, sufficiently mitigated the initial concerns regarding drug abuse and judgment. As a result, the security clearance was granted.

Why the Applicant Prevailed

• The applicant successfully completed a drug counseling program.
• The applicant has not used marijuana for over a year and expressed a credible intention to abstain from future use.
• The applicant's past marijuana use was infrequent and mitigated by the passage of time.

Conditions Referenced

Key Rule Quoted

“Each clearance decision must be a fair and impartial common sense determination based upon consideration of all the relevant and material information and the pertinent criteria and adjudication policy in enclosure 2.”

Procedural Posture

• SOR issuedNov 14, 1995
• Answer filedDec 22, 1995
• Hearing held—Determined on a written record.
• Decision dateNov 14, 1996

Cite For

• Mitigation of Drug Abuse Under Guideline D Due to Successful Rehabilitation
• Consideration of Infrequent Past Drug Use in Security Clearance Determinations
• Impact of Time Elapsed Since Last Drug Use on Security Clearance Eligibility