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ISCR Case ISCR Case No. 23-02555 — CASE

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ISCR Case ISCR Case No. 23-02555

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

Case Profile
Decision Date1/27/2025
Statusunknown
LevelAPPEAL
TypeSTANDARD ISCR
Related decisionSee the hearing decision (Case 23-02555) →
Participants
Applicant Representation: Pro Se
Judge: James B. Norman, Moira D. Modzelewski, Allison Marie
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case sought a security clearance from the Department of Defense (DoD) but was denied due to concerns under Guideline H (Drug Involvement and Substance Misuse) of the National Security Adjudicative Guidelines. The Statement of Reasons (SOR) issued on February 27, 2024, outlined the basis for the denial, which included allegations related to the applicant's drug use.
During the proceedings, the applicant admitted to the allegations but contended that she had submitted a request to convert her case to a hearing, which was not received by the Government due to being sent to an incorrect address. The applicant did not provide a response to the Government's File of Relevant Material (FORM) before the case was forwarded for decision. However, the Government acknowledged the applicant's timely request for a hearing and did not object to remanding the case.
The Appeal Board ruled to remand the case back to the Administrative Judge for a hearing, citing the applicant's due process rights and the circumstances surrounding her request for a change of forum. The Board noted that the applicant's assertion regarding the hearing request warranted further consideration, and thus, the case would be re-evaluated following a hearing.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. ISCR Case No. 23-02555

Jan 27, 2025· Hon. James B. Norman· appeal

Summary

This security clearance case, involving an applicant representing themselves, was initially denied under Guideline H due to drug involvement. The applicant timely requested a change of forum, leading the appeal board to remand the case for a hearing. This decision allows for further proceedings to address the Guideline H concerns.

The appeal board's action indicates that the initial denial was not a final determination, and the applicant will have an opportunity to present their case in a hearing. As of the current information, there has been no final outcome regarding the applicant's security clearance.

Procedural Posture

Decision DateJan 27, 2025

Cite For

Remand for Hearing Due to Procedural Issues
Timely Request for Change of Forum
Mixed Outcome Allowing Further Proceedings

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Appeal at a glance· Full written decision

Remanded

The appeal involved a denial of security clearance based on drug involvement. The Applicant argued that she had requested a hearing, but it was sent to the wrong address. The Board agreed to remand the case for a hearing based on these circumstances.

Appealed bythe applicant

Applicant representationPro se (self-represented)

Judge belowCandace Garcia — denied the clearance

Decided onthe written record

Guidelines belowGuideline H

What the Board reviewed

No specific harmful error alleged — raised by the applicantNot reached
Applicant asserted that she requested a hearing, but it was sent to an incorrect address.

Why the Board ruled this way

The Board found that the Applicant made a timely request for a hearing, which was not received due to an incorrect address. The Government did not object to a remand for a hearing.

On remand, the judge must

Remand the case to the Judge for a hearing.

Standard of review applied

No de-novo re-decisionNo new evidence on appeal

Appeal Board panel

Moira Modzelewski — Chair
Allison Marie
James B. Norman

Descriptive structured reading of this decided, public Appeal Board decision — what the case says, not a prediction or advice.

Full decision

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