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PSH-12-0072 - In the Matter of Personnel Security Hearing

On October 25, 2012, a Hearing Officer issued a Decision in which he determined that an individual’s access authorization should be restored. In reaching this determination, the Hearing Officer found that the individual resolved security concerns under Criteria F, J, and L associated with the Individual’s failure to report marijuana use in a 2007 Questionnaire for National Security Positions form and his failure to report in a 2012 QNSP his two time use of a prescription drug not prescribed for the individual. At the hearing, the Individual presented evidence attesting to his voluntary disclosure of his limited marijuana use, his increased maturity since completing the 2007 QNSP, his history since the 2007 QNSP of reliability and trustworthiness, and his lack of knowledge as to the illegality of taking the prescription medication, as well as the fact that his two-time prescription drug use was triggered by an acute panic attack. The Hearing Officer found that, with regard to the Individual’s prescription drug use, the Individual did not intentionally try to mislead the local security office with the 2012 QNSP. Further, after weighing all of the mitigating and non-mitigating factors, including the Individual’s failure to disclose his marijuana use for five years, the Hearing Officer found that the Individual had presented enough mitigating factors to resolve the Criterion J, K, and L security concerns raised by the Individual’s marijuana and prescription drug use. Consequently, the Hearing Office found that the Individual’s security clearance should be restored.

 
Richard Cronin - Hearing Officer