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ISCR Case 24-00064 — CASE

Case record

ISCR Case 24-00064

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date12/5/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: LeRoy F. Foreman
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 32-year-old mechanical engineer employed by a federal contractor since May 2020. The Defense Office of Hearings and Appeals (DOHA) addressed security concerns under Guideline H (Drug Involvement and Substance Misuse) following a Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency (DCSA). The SOR alleged that the applicant had used various illegal substances, including marijuana, cocaine, ecstasy, Adderall without a prescription, and ketamine, over several years, with the most recent use of marijuana occurring in October 2023.
The applicant admitted to all allegations in the SOR, acknowledging his drug use history and expressing an intention to reduce his marijuana use. However, he continued to use marijuana after submitting his security clearance application and did not provide evidence of efforts to mitigate his substance misuse, such as disassociating from drug-using associates or changing his environment. The administrative judge found that the applicant's admissions and continued drug use raised significant concerns regarding his reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, concluding that he had not sufficiently mitigated the security concerns related to his drug involvement. The judge emphasized that the applicant's ongoing use of marijuana and lack of commitment to abstain from illegal substances were inconsistent with the national security interests of the United States, leading to the denial of his security clearance.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-00064

deniedDec 5, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 32-year-old mechanical engineer was denied a security clearance under Guideline H (Drug Involvement) due to admitted substance use. The applicant acknowledged using marijuana, cocaine, ecstasy, Adderall, and ketamine over an extended period.

Disqualifying conditions included admitted illegal drug use, a pattern of drug involvement, and the applicant's expressed intent to continue using marijuana despite federal law. While mitigating conditions were considered, they were insufficient to overcome the security concerns.

The denial was primarily based on the applicant's admission of ongoing illegal substance use, his stated intent to continue using marijuana, and a lack of evidence demonstrating rehabilitation or a commitment to abstain from drug use.

Why the Applicant Was Denied

The applicant admitted to using various illegal substances over an extended period.
He expressed an intent to continue using marijuana despite acknowledging its illegality under federal law.
The applicant did not provide evidence of rehabilitation or a commitment to abstain from drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to RecurThe applicant's use of ketamine was infrequent and occurred only once.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions Taken to Overcome Drug InvolvementThe applicant did not provide evidence of disassociation from drug-using associates or a signed statement of intent to abstain.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedApr 20, 2024
Answer filedMay 9, 2024Requested decision on the written record.
Hearing heldDec 5, 2024Decision issued.
Decision dateDec 5, 2024

Cite For

Denial Based on Ongoing Drug Use Under Guideline H
Failure to Provide Evidence of Rehabilitation or Intent to Abstain
Consideration of the Whole-person Concept in Security Clearance Decisions.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.