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ISCR Case 20-03771 — CASE

Case record

ISCR Case 20-03771

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

Case Profile
Decision Date5/6/2022
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Daniel P. O'Reilley
Case Summary
The applicant in this case was a 27-year-old single man who graduated summa cum laude with a degree in mechanical engineering in 2020 and was employed as an engineer for a defense contractor. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing security concerns under Guideline H, related to the applicant's history of drug involvement, which included the use of marijuana, cocaine, ketamine, and prescription drugs. The applicant admitted to the allegations and requested a hearing.
During the proceedings, the applicant acknowledged his past drug use but emphasized that he had ceased all illegal drug use since February 2020 and had voluntarily enrolled in a random drug testing program, passing all tests conducted. He maintained that his drug use was casual and occurred in social settings during his high school and college years. The applicant's current work performance was highly regarded, and he received recognition for his contributions to his employer. However, he continued to associate with individuals who used drugs, which the judge noted as a concern.
The administrative judge ruled in favor of the applicant, concluding that he had mitigated the security concerns related to his drug involvement. The judge considered the time elapsed since the applicant's last drug use, his academic achievements, and his positive work history as significant factors. Ultimately, the judge determined that granting the applicant a security clearance was consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 20-03771

grantedMay 6, 2022· Hon. Marc E. Curry· hearing

Summary

A 27-year-old single male applicant was granted a security clearance despite initial concerns under Guideline H (Drug Involvement). The Statement of Reasons alleged a history of illegal drug use, specifically mentioning marijuana, cocaine, ketamine, and prescription drugs, which raised Disqualifying Condition AG ¶ 25(a).

However, several mitigating factors were applied, including AG ¶ 26(a), AG ¶ 26(b), AG ¶ 26(b)(1), and AG ¶ 26(b)(2). The applicant demonstrated significant rehabilitation and positive changes. He graduated summa cum laude, indicating strong academic achievement and dedication. Furthermore, he voluntarily enrolled in a random drug testing program and successfully passed all administered tests.

The decision to grant the clearance was based on the time elapsed since his last drug use, his positive work history, and his proactive steps to address past drug involvement, which collectively outweighed the initial concerns.

Why the Applicant Prevailed

The applicant graduated summa cum laude, demonstrating academic success and commitment to his career.
He voluntarily enrolled in a random drug testing program and passed all tests administered.
The time elapsed since his last drug use and his positive work history outweighed concerns about his past drug involvement.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse

Mitigating

AG ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment
AG ¶ 26(b)appliedThe Individual Acknowledges His or Her Drug Involvement and Substance Misuse, Provides Evidence of Actions Taken to Overcome This Problem, and Has Established a Pattern of Abstinence
AG ¶ 26(b)(1)rejectedDisassociation From Drug-using Associates and ContactsThe applicant still associates with people who use drugs.
AG ¶ 26(b)(2)rejectedChanging or Avoiding the Environment Where Drugs Are UsedThe applicant's actions of stepping outside when friends use marijuana were insufficient to demonstrate avoidance.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 2, 2021
Answer filed—Undated answer admitting allegations and requesting a hearing.
Hearing heldDec 10, 2021
Decision dateMay 6, 2022

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Voluntary Actions Taken to Address Past Substance Misuse
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: granted

The judge found that the applicant has a history of illegal drug use, including marijuana, cocaine, ketamine, and prescription drugs. However, the applicant demonstrated mitigation through acknowledgment of his drug use, voluntary enrollment in a drug-testing program, and a pattern of abstinence since 2015. The decision was granted, indicating that the applicant's current circumstances align with national security interests.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant has a history of illegal drug use and drug involvement, including marijuana, cocaine, ketamine, and prescription drugs.	For Applicant	Marijuana	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Acknowledgment and Remorse
1.b	Applicant has a history of illegal drug use and drug involvement, including marijuana, cocaine, ketamine, and prescription drugs.	For Applicant	Cocaine	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Acknowledgment and Remorse
1.c	Applicant has a history of illegal drug use and drug involvement, including marijuana, cocaine, ketamine, and prescription drugs.	For Applicant	Ketamine	Occasional	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Documented Acknowledgment and Remorse
1.d–1.h	5 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For 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.