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ISCR Case 18-02338 — CASE

Case record

ISCR Case 18-02338

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

Case Profile
Decision Date1/17/2020
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Jeff Kent
Case Summary
The applicant in this case was a 28-year-old security technician and member of the Army National Guard, who sought a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Abuse) and Guideline E (Personal Conduct). The core allegations included the applicant's marijuana use from 2009 to May 2018 and falsification of his security clearance applications regarding this drug use.
During the proceedings, the applicant admitted to using marijuana during the specified period and acknowledged failing a drug test in high school. He provided explanations for his actions, stating that he had been upfront about his past drug use with military recruiters and investigators. Although he claimed that his last use was at his bachelor party in May 2018, he did not demonstrate a pattern of abstinence or significant changes in his associations with drug-using peers. The applicant's admissions and character references were considered, but the administrative judge found that the applicant had not sufficiently mitigated the security concerns related to drug involvement.
The administrative judge ruled to deny the applicant's security clearance, concluding that while the applicant had mitigated some personal conduct concerns due to his credible explanations, he had not mitigated the drug involvement issues. The judge emphasized the importance of reliability and trustworthiness in the context of national security, ultimately determining that the applicant's history of drug use raised significant concerns that could not be overlooked.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 18-02338

deniedJan 17, 2020· Hon. Noreen A. Lynch· hearing

Summary

A 28-year-old security technician and Army National Guard member was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana from approximately 2009 to May 2018, including after being granted access to classified information in September 2011. This drug use was a primary concern.

Additionally, the applicant was cited for falsifying information on two security clearance applications: one in 2011 and another in 2016, where he misrepresented his marijuana use. While the judge acknowledged credible testimony and applied mitigating factors related to personal conduct, these were insufficient to overcome the drug involvement concerns.

The denial was ultimately based on the applicant's admitted marijuana use, which ceased in 2018, and his continued association with individuals who use drugs. This ongoing association indicated a risk of recurrence, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana from 2009 to 2018, raising security concerns under Guideline H.
The applicant's last use of marijuana occurred in 2018, and he continued to associate with individuals who use drugs, indicating a risk of recurrence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's marijuana use occurred recently and was not infrequent.
AG ¶ 26(b)rejectedAcknowledgment and Actions to Overcome Drug InvolvementThe applicant did not establish a pattern of abstinence or disassociate from drug-using associates.
AG ¶ 17(c)rejectedMinor Offense or Time PassedThe applicant's drug use was not deemed minor given the frequency and recency.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedAug 9, 2019
Answer filed—
Hearing heldDec 13, 2019
Decision dateJan 17, 2020

Cite For

Security Concerns Regarding Drug Involvement Under Guideline H
Impact of Falsification on Security Clearance Applications Under Guideline E
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 E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant did not intentionally falsify his 2011 security clearance application regarding marijuana use, and the allegation concerning the 2016 application was withdrawn. The applicant's personal conduct concerns were mitigated, but the overall security clearance was denied.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Falsification in his 2011 security clearance application.	For Applicant	Falsification Security FormNOT DELIBERATE	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances	—
2.b	Falsification about the use of marijuana on his 2016 security clearance application.	Withdrawn	Falsification Security Form	—	Admitted	—	—	—

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

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 approximately 2009 to May 2018, including while holding a security clearance. The applicant admitted to the use but did not successfully mitigate the concerns related to drug involvement, leading to a denial of the security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, from approximately 2009 to May 2018, after being granted access to classified information in approximately September 2011.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Character Letters

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.