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ISCR Case 17-04287 — CASE

Case record

ISCR Case 17-04287

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

Case Profile
Decision Date2/26/2019
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case 17-04287.a1) →
Participants
Judge: Thomas M. Crean
Government Counsel: Kelly M. Folks, Nicole A. Smith
Applicant's Counsel: Aileen B. Xanakis
Case Summary
The applicant in this case was a 59-year-old individual seeking to retain a security clearance for her work with a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H regarding drug involvement and substance misuse. The core allegations included the applicant's reported use of marijuana from 1979 until 2013, with additional use in 2014 and 2017, after being granted a security clearance in 2009.
During the proceedings, the applicant admitted to the allegations of drug involvement, explaining that her marijuana use was sporadic and infrequent. She acknowledged using marijuana once in 2014 and again in 2017, characterizing her actions as poor judgment influenced by her environment. The applicant provided affidavits attesting to her character and a statement of intent to abstain from illegal substances in the future, agreeing to random drug testing.
The administrative judge ruled against the applicant, concluding that she failed to mitigate the security concerns related to her drug involvement. The judge noted that the applicant's marijuana use occurred over an extended period and under circumstances that could recur, emphasizing that her last use was only 18 months prior. The judge found that the applicant did not demonstrate a sufficient change in lifestyle or environment to alleviate concerns about her reliability and trustworthiness. Consequently, eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 17-04287

deniedFeb 26, 2019· Hon. Thomas M. Crean· hearing

Summary

Aileen B. Xanakis, a 59-year-old applicant, was denied a security clearance under Guideline H (Drug Involvement) due to a history of substance abuse. The Statement of Reasons alleged that Ms. Xanakis used marijuana with varying frequency from approximately 1980 through at least September 2017, and specifically after being granted a Department of Defense security clearance in June 2014.

Disqualifying conditions under Guideline H were raised, while mitigating conditions were also considered. Ms. Xanakis admitted to sporadic marijuana use over several decades, including after obtaining her prior clearance.

Ultimately, the judge found insufficient evidence of rehabilitation or a sustained change in behavior. The decision noted that her last reported marijuana use occurred only 18 months before the security clearance determination, leading to the denial.

Why the Applicant Was Denied

Applicant admitted to sporadic marijuana use from 1980 to 2017, including after receiving a security clearance.
The judge found no evidence of rehabilitation or a change in behavior despite the applicant's claims.
The applicant's last use of marijuana was only 18 months prior to the decision.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information

Mitigating

AG ¶ 26(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe judge found the circumstances of the applicant's drug use were likely to recur.
AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Evidence of Actions Taken to Overcome the ProblemThe applicant did not present evidence of rehabilitation or a change in lifestyle.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedApr 4, 2018
Answer filedApr 26, 2018
Hearing heldNov 7, 2018
Decision dateFeb 26, 2019

Cite For

Evaluation of Drug Involvement Under Guideline H
Importance of Demonstrating Rehabilitation for Security Clearance
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.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant used marijuana with varying frequency from about 1980 through at least September 2017, including after being granted a DOD security clearance in June 2014. The applicant's request for a security clearance was denied due to concerns regarding her drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, from about 1980 through at least September 2017.	Against Applicant	Marijuana	Occasional	Admitted	—	—	Documented Character Letters
1.b	Applicant used marijuana after being granted a DOD security clearance in June 2014.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Full decision

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