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A DoD civilian employee properly disclosed during his reinvestigation that he had used marijuana multiple times over a two-year period to self-treat for anxiety. He also disclosed that he recognized he had mental health problems and sought treatment. After a positive interview where the investigator stated, “there is nothing about [the employee] that could place the subject in a position of blackmail, compromise, or coercion.” DoD CAF issued a Statement of Reasons citing criminal conduct (Guideline J) and drug involvement and substance misuse (Guideline H). MNB Meridian Law attorneys assisted in responding to the DoD Statement of Reasons providing strong mitigating evidence. However, DoD CAF revoked his clearance under Guideline H and J stating he had not mitigated the prior use. The employee appealed the revocation pursuant to the December 2, 2022, USD(IS) memorandum allowing for DOHA Administrative Judge final decision authority. MNB Meridian Law attorneys successfully argued on behalf of the client and DOHA reinstated the employee clearance.
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