Favorable Clearance Results for Active Duty Navy E-9’s Use of Cocaine

MIDLE ATLANTIC – Providing the full gamut of representation, our firm first defended an active duty Navy E-9 at a Special Court Martial for use of cocaine with a resulting finding of Not Guilty. Thereafter, the Department of the Navy Central Adjudication Facility (DONCAF) issued a Letter of Intent (LOI) to revoke security clearance based upon Guidelines E – Personal Conduct, H – Drug Involvement and J – Criminal Conduct due to being charged with Violations of the UCMJ for unauthorized absence on three occasions; being charged with and pleading guilty to wrongful possession of marijuana; admitted trafficking in marijuana; allegations of being a cocaine distributor; omissions of relevant and material facts in security clearance application regarding police and military records and drug activity and testing positive for cocaine; with these acts taking place over a number of years. Upon presentation of response to the LOI we were able to explain, mitigate and provide extenuating circumstances sufficient for a finding to grant final clearance, with caution, without the necessity of a personal appearance.