ISCR Case 21-00265

Case Headnote

ISCR Case No. 21-00265

deniedMay 9, 2022· Hon. Mark W. Harvey· hearing

Summary

A 33-year-old project management analyst was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant admitted to using methamphetamine from approximately April 2018 to August 2019, and marijuana or THC in at least January 2020. Additionally, the applicant had a history of theft-related convictions, including Unauthorized Use of Property, Disorderly Conduct, and Petty Theft.

Financial concerns included charged-off debts of $4,852 and $10,231, along with collection debts of $311, $205, and $394. While some mitigating conditions were considered for personal conduct and financial issues, the judge found the recent drug use and theft convictions to be too serious and recent to overcome the security risks.

The denial emphasized the necessity of abstaining from illegal drugs and maintaining a trustworthy record for future eligibility. The judge concluded that the applicant's recent drug use and history of theft-related convictions raised significant doubts about her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to using methamphetamine and marijuana, which raised significant security concerns under Guideline H.
The judge emphasized the importance of abstaining from illegal drugs and maintaining a trustworthy record for future eligibility.
The applicant's recent drug use and history of theft-related convictions were deemed too recent and serious to mitigate.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 20(a)rejectedBehavior Unlikely to RecurThe applicant's recent drug use was too close in time to be considered unlikely to recur.
AG ¶ 20(b)rejectedConditions Beyond ControlWhile the applicant cited external pressures, the judge found her drug use and criminal behavior too significant.
AG ¶ 20(d)appliedGood-faith Effort to Repay Debts
AG ¶ 20(e)appliedDisputed Legitimacy of Debts

Key Rule Quoted

“Once a concern arises regarding an applicant’s security clearance eligibility, there is a strong presumption against the grant or maintenance of a security clearance.”
— Dorfmont v. Brown, 913 F. 2d 1399, 1401 (9th Cir. 1990)

Procedural Posture

SOR issuedApr 30, 2021
Answer filedMay 4, 2021
Hearing heldMar 1, 2022via Microsoft Teams
Decision dateMay 9, 2022

Cite For

Denial of Security Clearance Due to Unresolved Drug Involvement Under Guideline H
Importance of Abstaining From Illegal Drugs for Security Clearance Eligibility
Mitigating Factors Related to Personal Conduct and Financial Considerations in Security Clearance Cases

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant admitted to drug use as part of her personal conduct.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	Claimed Other
2.b	Applicant was charged with Theft and convicted of Unauthorized Use of Property.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	Claimed Other
2.c	Applicant was charged with Theft and convicted of Disorderly Conduct.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	Claimed Other
2.d	Applicant was charged with Theft and convicted of Petty Theft.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	Claimed Other
2.e	Applicant was charged with Theft and convicted of Unauthorized Use of Property.	For Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	Claimed Other

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant admitted to drug use as part of her personal conduct.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

—

Claimed

Other

2.b

Applicant was charged with Theft and convicted of Unauthorized Use of Property.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

—

Claimed

Other

2.c

Applicant was charged with Theft and convicted of Disorderly Conduct.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

—

Claimed

Other

2.d

Applicant was charged with Theft and convicted of Petty Theft.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

—

Claimed

Other

2.e

Applicant was charged with Theft and convicted of Unauthorized Use of Property.

For Applicant

Questionable Judgment General

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

(c) credible adverse information across areas supporting a whole-person concern

—

Claimed

Other

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Charged-off debt for $4,852. $4,852	For Applicant	Unspecified Financial	Admitted	—	—	—
3.b	Charged-off debt for $10,231. $10,231	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.c	$311 debt placed for collection. $311	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.d	$205 debt placed for collection. $205	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.e	$394 debt placed for collection. $394	Against Applicant	Unspecified Financial	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Charged-off debt for $4,852.

$4,852

For Applicant

Unspecified Financial

Admitted

—

3.b

Charged-off debt for $10,231.

$10,231

Against Applicant

Unspecified Financial

Admitted

—

3.c

$311 debt placed for collection.

$311

Against Applicant

Unspecified Financial

Admitted

—

3.d

$205 debt placed for collection.

$205

Against Applicant

Unspecified Financial

Admitted

—

3.e

$394 debt placed for collection.

$394

Against Applicant

Unspecified Financial

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used methamphetamine on various occasions from about April 2018 to about August 2019.	Against Applicant	MethamphetamineWHILE CLEARED	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Acknowledgment and Remorse
1.b	Applicant used marijuana or THC in at least about January 2020.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Acknowledgment and Remorse

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used methamphetamine on various occasions from about April 2018 to about August 2019.

Against Applicant

MethamphetamineWHILE CLEARED

Experimental

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

Claimed

Acknowledgment and Remorse

1.b

Applicant used marijuana or THC in at least about January 2020.

Against Applicant

MarijuanaWHILE CLEARED

Occasional

Admitted

(a) any substance misuse

(c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia

—

Claimed

Acknowledgment and Remorse

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

CONCLUSION

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION