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ISCR Case 21-00509 — CASE

Case record

ISCR Case 21-00509

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

Case Profile
Decision Date9/7/2021
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Mary Margaret Foreman
Case Summary
The applicant in this case was a 23-year-old employee of a defense contractor who applied for a security clearance on January 28, 2020. The Defense Office of Hearings and Appeals (DOHA) issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse). The SOR detailed the applicant's history of recreational drug use, including marijuana and cocaine, and indicated that the applicant's continued substance misuse raised questions about his reliability and trustworthiness.
The applicant admitted to using marijuana and cocaine until at least March 2021, despite previously stating intentions to cease such use. He acknowledged that he enjoyed the effects of these substances and continued to associate with individuals who used them illegally. Although he claimed he intended to abstain from illegal drug use now that he was removed from the college environment, he did not provide evidence of treatment or counseling for his substance misuse. The administrative judge found that the applicant's admissions and lack of substantial mitigating evidence did not sufficiently address the security concerns raised by his drug involvement.
Ultimately, the administrative judge ruled to deny the applicant's eligibility for a security clearance, concluding that the applicant failed to mitigate the concerns regarding his drug involvement and substance misuse. The judge emphasized the importance of trust and reliability in national security positions and determined that granting a clearance was not clearly consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 21-00509

deniedSep 7, 2021· Hon. Robert Robinson Gales· hearing

Summary

A 23-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) due to ongoing substance misuse, specifically marijuana and cocaine. The Statement of Reasons alleged the applicant was a recreational substance abuser whose primary choice was marijuana and secondary was cocaine, though he had never tested positive for any illegal substance.

The denial was based on the applicant's admission of ongoing drug use, including marijuana and cocaine, until March 2021. He failed to provide convincing evidence of rehabilitation or a commitment to abstain from drug use. Furthermore, the applicant continued to associate with friends who use drugs, which raised concerns about his reliability and trustworthiness.

Despite the application of a mitigating condition (AG ¶ 26(b)), the administrative judge found that the disqualifying conditions (AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g)) outweighed any mitigating factors. Ultimately, the judge concluded that granting a security clearance was not consistent with national interest.

Why the Applicant Was Denied

The applicant admitted to ongoing drug use, including marijuana and cocaine, until March 2021.
He failed to provide evidence of rehabilitation or a commitment to abstain from drug use.
The applicant continued to associate with friends who use drugs, raising concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's acknowledgment of drug involvement was not accompanied by convincing evidence of rehabilitation.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedApr 16, 2021
Answer filedApr 22, 2021Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateSep 7, 2021

Cite For

Denial of Security Clearance Due to Ongoing Drug Involvement Under Guideline H
Failure to Demonstrate Rehabilitation or Commitment to Abstain From Drug Use
Consideration of the Whole-person Concept in Security Clearance Determinations.

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 substance abuser, primarily using marijuana and secondarily using cocaine. The applicant's admissions regarding ongoing use of these substances, along with the lack of evidence of treatment or positive drug tests, led to a denial of security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was a recreational substance abuser whose primary substance of choice was marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse
1.b	Applicant's secondary substance of choice was cocaine.	Against Applicant	CocaineWHILE CLEARED	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	Claimed Acknowledgment and Remorse
1.c	Applicant has never tested positive for any illegal substance.	For Applicant	Drug Test Failure	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.