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ISCR Case 21-00504 — CASE

Case record

ISCR Case 21-00504

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

Case Profile
Decision Date9/28/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 35-year-old principal proposal analyst for a defense contractor who applied for a security clearance in September 2019. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse). The SOR detailed the applicant's history of recreational drug use, specifically marijuana and Ecstasy, and questioned his reliability and trustworthiness due to this involvement.
The applicant admitted to using marijuana and Ecstasy over several years, with his marijuana use reported as frequent and ongoing until December 2018. He claimed to have ceased use to protect his job and future, but inconsistencies in his statements raised concerns about his candor. He did not respond to the Government's file of relevant material after being given the opportunity to do so, which limited his ability to provide further mitigation or explanation.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns regarding his drug involvement. The judge emphasized that the applicant's admissions and lack of a response to the Government's evidence did not sufficiently address the doubts raised about his reliability and trustworthiness, leading to a denial of his eligibility for a security clearance.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 21-00504

deniedSep 28, 2021· Hon. Robert Robinson Gales· hearing

Summary

A 35-year-old principal proposal analyst was denied a security clearance under Guideline H (Drug Involvement) due to a history of recreational substance abuse involving marijuana and Ecstasy. The Statement of Reasons specifically cited the applicant's failure to mitigate security concerns related to his drug involvement and substance misuse.

The denial was based on several key factors. The applicant admitted to a long history of using both marijuana and Ecstasy. Crucially, he expressed an intention to continue using these illegal substances, which significantly undermined his reliability and trustworthiness in the eyes of the adjudicator.

Ultimately, the applicant failed to demonstrate a commitment to abstain from drug use or to seek treatment for his substance abuse. The judge concluded that these factors prevented the mitigation of security concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to a long history of recreational substance abuse involving marijuana and Ecstasy.
He expressed intentions to continue using illegal substances, undermining his reliability and trustworthiness.
The applicant failed to demonstrate a commitment to abstain from drug use or to seek treatment for his substance abuse.

Conditions Referenced

Disqualifying

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

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedMay 21, 2021
Answer filedMay 13, 2021Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateSep 28, 2021

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement
Failure to Mitigate Substance Misuse Concerns
Impact of Expressed Intent to Continue Illegal Drug Use on Security Clearance Eligibility

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 failed to mitigate security concerns regarding drug involvement and substance misuse. The applicant had a history of recreational substance abuse involving marijuana and Ecstasy, which he admitted to using frequently over a long period. The decision was ultimately denied due to the applicant's continued illegal drug use and lack of treatment.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant failed to mitigate the security concerns regarding drug involvement and substance misuse.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Applicant has a history of recreational substance abuse involving marijuana and Ecstasy.	Against Applicant	MDMA	Frequent	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—

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.