A decided public DOHA case, shown for research, not advice or a prediction.
ISCR Case No. 20-03014
Appeal BoardDecided Jun 21, 2022 · Administrative Judge Moira D. Modzelewski · Appeal
Case headnote
Summary
The applicant, representing himself, sought a trustworthiness designation but was denied due to drug involvement and personal conduct issues under Guidelines E and H. The applicant admitted to using marijuana during the relevant period but claimed he did not use substances while accessing classified information. The appeal board affirmed the denial, finding no harmful error in the original ruling.
Why the applicant was denied
- The applicant admitted to using marijuana while granted access to classified information.
- The judge found the applicant's claims of not using substances while accessing classified information unconvincing.
Conditions referenced
Disqualifying
- H Drug Involvement and Substance Misuseapplied
- E Personal Conductapplied
Procedural posture
- SOR issued
- 2021-07-13
- Answer filed
- Applicant requested a decision on the written record.
- Hearing held
- 2022-04-29
- Decision date
- 2022-06-21
Cite for
- Denial of Trustworthiness Designation Due to Drug Involvement Under Guideline H
- Affirmation of Denial Based on Lack of Harmful Error in the Original Ruling
- Applicant's Burden to Demonstrate No Harmful Error in Appeal Process
Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.
Full decision
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Decision text, by section
Appearances
_______________________________________________ ) In the matter of: )
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ADP Case No. 20-03014
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) Applicant for Security Clearance ) _______________________________________) DEPARTMENT OF DEFENSE DEFENSE LEGAL SERVICES AGENCY DEFENSE OFFICE OF HEARINGS AND APPEALS APPEAL BOARD POST OFFICE BOX 3656 ARLINGTON, VIRGINIA 22203 (703) 696-4759 Date: June 21, 2022
Appearances
FOR GOVERNMENT James B. Norman, Esq., Chief Department Counsel FOR APPLICANT Pro se The Department of Defense (DoD) declined to grant Applicant a trustworthiness designation. On July 13, 2021, DoD issued a statement of reasons (SOR) advising Applicant of the basis for that decision―trustworthiness concerns raised under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct) of DoD Directive 5220.6 (January 2, 1992, as amended) (Directive). Applicant requested a decision on the written record. On April 29, 2022, after considering the record, Defense Office of Hearings and Appeals (DOHA) Administrative Judge Darlene D. Lokey Anderson denied Applicant’s request for a trustworthiness designation. Applicant appealed pursuant to Directive ¶¶ E3.1.28 and E3.1.30. Under Guidelines H and E, the SOR alleged that Applicant used marijuana with varying frequency from about 2009 to about 2019 while granted access to classified information. In responding to the SOR, Applicant admitted using THC during the alleged time period but indicated he never used “any substance” while accessing classified information. The Judge found against Applicant under both guidelines.
In his appeal brief, Applicant does not assert that the Judge committed any error. Rather, he provides an explanation for his drug involvement and requests the Appeal Board reconsider the adjudication and reinstate his trustworthiness designation. The Board does not conduct a de novo review of a case. The Board is tasked to address material issues raised by the parties to determine whether the Judge committed harmful error. Directive ¶ E3.1.32. Because Applicant has not made such an allegation of error, the decision of the Judge denying him a trustworthiness designation is sustainable.
Order
The decision is AFFIRMED. Signed: James F. Duffy James F. Duffy Administrative Judge Chairperson, Appeal Board Signed: Moira Modzelewski Moira Modzelewski Administrative Judge Member, Appeal Board Signed: Jennifer I. Goldstein Jennifer I. Goldstein Administrative Judge Member, Appeal Board