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ISCR Case 19-03945 — CASE

Case record

ISCR Case 19-03945

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

Case Profile
Decision Date5/2/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: John C. Lynch
Case Summary
The applicant in this case was a 25-year-old single man who had enlisted in the United States Air Force and was seeking a security clearance sponsored by a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H (drug involvement) and Guideline E (personal conduct) due to the applicant's history of marijuana use while holding a security clearance and his subsequent falsifications during the investigative process regarding this use.
The applicant admitted to using marijuana from 2014 to 2017, including a positive drug test in 2017 that led to his administrative discharge from the military. He also acknowledged providing false information during a 2017 interview and in 2020 interrogatories, claiming he had not used marijuana since high school. The applicant did not present any mitigating evidence or explanations for his actions, which were deemed significant in evaluating his reliability and trustworthiness.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to both drug involvement and personal conduct. The judge emphasized that the applicant's admissions and lack of credible future assurances did not alleviate the concerns regarding his judgment and honesty, ultimately denying his eligibility for a security clearance.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 19-03945

deniedMay 2, 2022· Hon. Marc E. Curry· hearing

Summary

A 25-year-old male applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from his admitted use of marijuana while already possessing a security clearance, and his subsequent falsification of information regarding this drug use during the security investigation.

Specifically, the applicant admitted to falsifying information about his marijuana use during a subject interview and in response to interrogatories. This raised disqualifying conditions related to both drug involvement and personal conduct, including deliberate misrepresentation and a pattern of dishonesty.

The administrative judge determined that the applicant failed to mitigate these security concerns. His promise to abstain from future marijuana use was given minimal weight due to his prior acts of falsification. Consequently, the applicant was denied eligibility for access to classified information.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a security clearance.
The applicant falsified information regarding his marijuana use during the investigation.
The applicant's promise not to use marijuana in the future was deemed to have minimal probative value due to his prior falsifications.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Abuse
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(b)raisedProviding False or Misleading Information

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 issuedOct 2, 2020
Answer filed—Applicant requested a decision without a hearing.
Hearing held—
Decision dateMay 2, 2022

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Denial of Security Clearance Due to Personal Conduct Issues Under Guideline E
Impact of Falsification on Security Clearance Eligibility

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on personal conduct concerns related to falsifying information about marijuana use during an interview and in interrogatories. The applicant's admissions and the circumstances surrounding his drug use led to a denial of security clearance eligibility.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant admitted falsifying information regarding his marijuana use during a subject interview and in response to interrogatories.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (f) violation of a written commitment made as a condition of employment	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

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 used marijuana while holding a security clearance and subsequently falsified information regarding this use. The applicant's drug involvement and dishonesty during the investigative process were deemed inconsistent with national security, leading to a denial of security clearance eligibility.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana while possessing a security clearance and subsequently falsified information regarding his marijuana use.	Against Applicant	MarijuanaWHILE CLEAREDRelated Misconduct	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

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.