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ISCR Case 21-00756 — CASE

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ISCR Case 21-00756

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

Case Profile
Decision Date2/17/2022
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: Ross Hyams
Case Summary
The applicant in this case was a 27-year-old senior analyst who had previously obtained a security clearance in January 2018. The Department of Defense issued a Statement of Reasons (SOR) on October 8, 2021, citing security concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The core allegations included the applicant's use and purchase of marijuana from November 2013 to April 2020, as well as falsifying his e-QIP by failing to disclose this drug use.
The applicant admitted to all allegations in the SOR, including his drug use and the falsification of his e-QIP. He acknowledged using marijuana regularly during college and after obtaining his security clearance, stating that he had no intention of stopping his drug use. The administrative judge found that the applicant's admissions established significant security concerns under both guidelines, particularly noting his lack of remorse and failure to demonstrate any efforts to mitigate his drug involvement or personal conduct issues.
Ultimately, the administrative judge ruled against the applicant, concluding that he had not mitigated the security concerns related to drug involvement or personal conduct. The judge emphasized that the applicant's continued drug use while holding a security clearance and his intentional falsification of information raised serious doubts about his reliability and trustworthiness, leading to the denial of his 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. 21-00756

deniedFeb 17, 2022· Hon. Noreen A. Lynch· hearing

Summary

A 27-year-old senior analyst was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from admitted marijuana use and the falsification of his e-QIP regarding that drug use.

Specifically, the applicant used and purchased marijuana from November 2013 to December 2017, and continued use from February 2018 to April 2020 while holding a public trust clearance. He also continued to associate with individuals who use illegal drugs. Furthermore, the applicant falsified his June 12, 2020 e-QIP by failing to report his most recent drug usage in response to Section 23.

The judge determined that the applicant's continued drug use while possessing a security clearance, coupled with the falsification of his e-QIP and an expressed intent to continue marijuana use, raised significant doubts about his reliability and trustworthiness. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to using and purchasing marijuana while holding a security clearance.
He falsified information on his e-QIP regarding his drug use.
The applicant expressed intent to continue using marijuana, raising concerns about his reliability.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance
AG ¶ 25(g)raisedIntent to Continue Drug Involvement
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(c)raisedCredible Adverse Information

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedOct 8, 2021
Answer filed—Applicant elected to have the case decided on the written record.
Hearing held—Decision based on written record.
Decision dateFeb 17, 2022

Cite For

Denial of Security Clearance Due to Drug Involvement and Personal Conduct Issues
Impact of Falsifying E-qip on Security Clearance Eligibility
Consideration of Applicant's Intent to Continue Illegal Drug Use 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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant intentionally falsified his e-QIP by failing to report his recent drug usage. This conduct was deemed serious enough to deny the applicant's security clearance due to the implications of dishonesty and substance misuse.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his June 12, 2020 e-QIP by failing to report his most recent drug usage in response to Section 23.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (f) violation of a written commitment made as a condition of employment	—	—

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 and purchased marijuana with varying frequency from November 2013 to April 2020, including while holding a public trust clearance. The applicant's admissions and continued association with drug users raised significant security concerns, leading to a denial of the clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used and purchased marijuana with varying frequency from November 2013 to December 2017.	Against Applicant	Marijuana	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.b	Applicant used marijuana with varying frequency from February 2018 to April 2020, while possessing a public trust clearance.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—
1.c	Applicant continued to associate with persons who use illegal drugs.	Against Applicant	Unspecified Drug Involvement	Unspecified	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

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.