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ISCR Case 20-03014 — CASE

ISCR Case 20-03014denied

Case Headnote

ISCR Case No. 20-03014

deniedJun 21, 2022· Hon. Moira D. Modzelewski· appeal

Summary

An applicant, representing himself, was denied a trustworthiness designation due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana during the relevant period, which coincided with his access to classified information.

While the applicant claimed he did not use substances *while* actively accessing classified information, the judge found this assertion unconvincing. The denial was based on the admitted marijuana use during a period when he held access to classified materials.

The appeal board reviewed the decision and affirmed the denial, concluding there was no harmful error in the original ruling. Consequently, the applicant's request for a trustworthiness designation was denied.

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

HappliedDrug Involvement and Substance Misuse
EappliedPersonal Conduct

Procedural Posture

SOR issuedJul 13, 2021
Answer filed—Applicant requested a decision on the written record.
Hearing heldApr 29, 2022
Decision dateJun 21, 2022

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

The complete, official text — footnotes and signatures included — is in the original PDF.

Decision text, by section

DEFENSE OFFICE OF HEARINGS AND APPEALS

APPEAL

APPEARANCES

_______________________________________________ ) In the matter of: )

)

------ )

ADP Case No. 20-03014

)

) 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

APPEAL BOARD DECISION

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