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ISCR Case 20-00035 — CASE

Case record

ISCR Case 20-00035

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

Case Profile
Decision Date12/20/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Brian L. Farrell
Case Summary
The applicant in this case was a 28-year-old engineer employed by a defense contractor, who applied for a security clearance in November 2017. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guideline H, which pertains to drug involvement and substance misuse. The SOR detailed the applicant's extensive history of illegal drug use, including marijuana, psilocybin mushrooms, MDMA, cocaine, and the misuse of prescription medication, which raised questions about his reliability and trustworthiness.
In his response to the SOR, the applicant admitted to the allegations regarding his drug use but claimed he had no future intentions of using these substances. However, he continued to associate with individuals who used drugs and had not sought any treatment or counseling for his substance misuse. The administrative judge found that the applicant's admissions and ongoing associations with drug users undermined his claims of future abstinence, leading to concerns about his ability to comply with laws and regulations.
Ultimately, the administrative judge ruled against the applicant, denying his eligibility for a security clearance. The judge concluded that the applicant failed to mitigate the security concerns related to his drug involvement, emphasizing that the evidence presented did not support a finding that granting him a clearance would be consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 20-00035

deniedDec 20, 2021· Hon. Robert Robinson Gales· hearing

Summary

A 28-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) due to an extensive history of multi-substance abuse. The applicant engaged in recreational use of marijuana, psilocybin mushrooms, MDMA, amphetamine, and cocaine over an 11-year period.

Specific allegations included continued purchasing, using, and selling marijuana until March 2018, using Ecstasy as recently as May 2018, and using cocaine until July 2018. Disqualifying conditions under Guideline H were raised, citing the applicant's illegal drug involvement.

The denial was based on the applicant's lengthy history of illegal drug use and sale, a lack of sufficient evidence demonstrating rehabilitation, and an unverified commitment to abstain from future drug use. The judge concluded that granting a security clearance was not consistent with national interest.

Why the Applicant Was Denied

The applicant had a lengthy history of multi-substance abuse over 11 years, including illegal use and sale of drugs.
The applicant failed to provide evidence of rehabilitation or a commitment to abstain from drug use.
The applicant's claims of abstinence since 2018 were unverified and contradicted by his past behavior.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedAny Substance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement

Key Rule Quoted

“Eligibility for a security clearance is denied.”

Procedural Posture

SOR issuedJun 1, 2021
Answer filedAug 15, 2021Applicant elected for a written record decision.
Hearing held—Decision made based on written record.
Decision dateDec 20, 2021

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Lack of Evidence for Rehabilitation in Substance Misuse Cases
Importance of Verified Abstinence in Security Clearance Evaluations

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: Decision on RecordDecided: denied

The judge found that the applicant was a recreational multi-substance abuser, using marijuana, psilocybin, MDMA, amphetamine, and cocaine over an 11-year period. The applicant's continued use of these substances, including selling marijuana, led to a denial of security clearance due to unresolved concerns regarding drug involvement and substance misuse.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was a recreational multi-substance abuser whose substances of choice during an 11-year period were tetrahydrocannabinol (THC), known as marijuana; psilocybin mushrooms; and methylenedioxymethamphetamine (MDMA), also known as Ecstasy; amphetamine; and cocaine.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant continued purchasing, using, and selling marijuana until as recently as March 2018; using Ecstasy as recently as May 2018; and using cocaine until as recently as July 2018.	Against Applicant	Drug Distribution or Dealing	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.