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ISCR Case 19-02996 — CASE

Case record

ISCR Case 19-02996

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

Case Profile
Decision Date12/14/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Shari Dam
Government Counsel: William H. Miller
Applicant's Counsel: Ray Blank
Case Summary
The applicant in this case was a 30-year-old individual who had previously served in the Marine Corps and was pursuing a bachelor's degree while working as a firefighter. The Department of Defense's Defense Office of Hearings and Appeals (DOHA) addressed security concerns under the Drug Involvement and Substance Misuse guideline, as outlined in the Statement of Reasons (SOR). The core allegations included the applicant's past use of marijuana and Ecstasy, as well as a recent admission of marijuana use in August 2022, shortly before the hearing.
During the proceedings, the applicant admitted to using marijuana and Ecstasy at various points in her life, including while holding a security clearance. She acknowledged her drug use was a violation of military regulations and expressed regret for her recent marijuana use, which she attributed to sleep issues. However, she had not participated in any substance abuse programs or sought treatment for her mental health issues, despite a psychiatrist's recommendation. The applicant provided letters of recommendation attesting to her character and commitment to service.
The administrative judge ruled against the applicant, concluding that she failed to mitigate the security concerns related to her drug involvement. The judge noted that while the applicant had acknowledged her past substance misuse, she had not demonstrated a sufficient pattern of abstinence or taken meaningful steps to address her issues, which raised doubts about her reliability and trustworthiness in relation to national security. Consequently, her request for security clearance was denied.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 19-02996

deniedDec 14, 2022· Hon. Shari Dam· hearing

Summary

A 30-year-old firefighter and college student was denied a security clearance under Guideline H (Drug Involvement) due to ongoing substance misuse. The Statement of Reasons cited her marijuana use from August to at least September 2022, her admission of using marijuana and Ecstasy during military service, and her use of marijuana while already holding a security clearance.

Disqualifying conditions related to drug involvement were raised, specifically concerning recent drug use, a pattern of drug use, and drug use while possessing a security clearance. While mitigating conditions were considered, acknowledging that the drug use was not recent or was a one-time occurrence, and that the individual sought assistance, these were ultimately insufficient.

The denial was based on the applicant's admission of recent marijuana use just two months prior to the hearing, coupled with a lack of sufficient evidence demonstrating rehabilitation or a consistent pattern of abstinence. Furthermore, the applicant had not completed a drug treatment program or obtained a favorable prognosis from a healthcare professional.

Why the Applicant Was Denied

The applicant admitted to using marijuana and Ecstasy, including recent marijuana use just two months before the hearing.
There was insufficient evidence of rehabilitation or a solid pattern of abstinence from drug use.
The applicant did not complete a drug treatment program or receive a favorable prognosis from a healthcare professional.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)rejectedIllegal Drug Use While Holding a Security ClearanceThe evidence did not establish illegal drug use while granted access to classified information.

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurRecent drug use undermined the likelihood of recurrence being low.
AG ¶ 26(b)rejectedAcknowledgment and Evidence of Actions Taken to Overcome Drug InvolvementThe applicant did not establish a solid pattern of abstinence.
AG ¶ 26(d)rejectedCompletion of a Drug Treatment ProgramThe applicant has not completed a drug treatment program.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJan 24, 2020
Answer filed—
Hearing heldOct 5, 2022held via video teleconference
Decision dateDec 14, 2022

Cite For

Denial of Security Clearance Due to Recent Drug Use
Insufficient Evidence of Rehabilitation Under Guideline H
Consideration of the Whole-person Concept in Security Clearance Decisions

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: HearingDecided: denied

The judge found against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant admitted to using marijuana and Ecstasy during her military service and used marijuana while holding a security clearance. The judge concluded that the applicant did not mitigate the security concerns raised under Guideline H, resulting in a denial of eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana between August 2022 to at least until September 2022.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	—
1.b	Applicant admitted to using marijuana and Ecstasy during her military service.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	—
1.c	Applicant used marijuana while holding a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	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.