CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 20-00520 — CASE

Case record

ISCR Case 20-00520

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

Case Profile
Decision Date1/12/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert J. Tuidar
Government Counsel: Sakeena Farhath
Case Summary
The applicant in this case was a 62-year-old delivery driver employed by a defense contractor, seeking a security clearance after previously holding a Secret clearance during his service in the U.S. Navy. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing concerns under Guidelines H (drug involvement and substance misuse) and F (financial considerations). The SOR alleged that the applicant had a history of marijuana use until October 2018 and was indebted to his mortgage company for a deficiency balance of $60,151 due to foreclosure.
The applicant admitted to past marijuana use for anxiety and insomnia but claimed to have stopped using it in October 2018, stating that he no longer experienced those issues. He did not provide evidence of efforts to address his financial problems, which included a court judgment against him for the mortgage debt. The applicant denied the financial allegation, asserting that no attempts had been made to collect the debt, but he did not substantiate this claim with documentation or further details.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to both drug involvement and financial issues. The judge noted that the applicant did not demonstrate a pattern of abstinence from drug use or provide evidence of actions taken to resolve his financial difficulties, which raised doubts about his reliability and trustworthiness. Consequently, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
- 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.
Finding similar decisions…

Case Headnote

ISCR Case No. 20-00520

deniedJan 12, 2023· Hon. Robert J. Tuidar· hearing

Summary

A 62-year-old delivery driver was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The applicant admitted to a history of marijuana use spanning from approximately May 1976 to October 2018, a period exceeding 40 years. Despite claiming to have ceased use in 2018, the judge found insufficient evidence of rehabilitation or sustained abstinence.

Additionally, the applicant had significant unresolved financial issues. Specifically, he was indebted to his mortgage company for a deficiency balance of $60,151 following a foreclosure. The applicant failed to demonstrate any efforts to resolve this substantial debt.

Given the applicant's admitted long-term drug use without sufficient proof of rehabilitation, and the substantial, unresolved mortgage debt with no demonstrated attempts at resolution, the judge concluded that the applicant did not meet the eligibility requirements for access to classified information, resulting in a denial.

Why the Applicant Was Denied

The applicant admitted to using marijuana for over 40 years and failed to provide evidence of rehabilitation or abstinence.
The applicant had a substantial unresolved mortgage debt of $60,151 and did not demonstrate efforts to resolve this financial issue.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's long history of drug use and recent cessation did not demonstrate sufficient change.
AG ¶ 26(b)appliedAcknowledgment of Drug InvolvementThe applicant acknowledged his drug use but lacked corroborating evidence of rehabilitation.
AG ¶ 20(b)rejectedConditions Beyond ControlThe applicant did not provide evidence that his financial issues were beyond his control.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security.”
— Directive, Enclosure 2 ¶ 2(b)

Procedural Posture

SOR issuedMar 18, 2022
Answer filedJun 13, 2022Applicant elected to have the case decided on the written record.
Decision dateJan 12, 2023

Cite For

Insufficient Evidence of Rehabilitation Under Guideline H
Unresolved Financial Obligations Under Guideline F
Burden of Proof on Applicant to Mitigate Security Concerns

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 F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant has a mortgage debt that went into foreclosure, resulting in a deficiency balance of $60,151. The applicant denied the allegation but did not provide sufficient evidence to mitigate the financial concerns, leading to a ruling against him.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant is indebted to his mortgage company for an account that went into foreclosure, with a deficiency balance of $60,151. $60,151	Against Applicant	Mortgage or Home Loan Debt	Denied	—	—	Claimed Financial Event Outside Control

Descriptive standardized rendering of a decided public case (Guideline F). 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 against the applicant regarding his past marijuana use, which he disclosed as occurring from May 1976 to October 2018. Despite admitting to the use, the judge determined that the lengthy history of marijuana use was insufficiently mitigated by the applicant's self-reporting and lack of further details.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant disclosed his past drug use, stating he used marijuana between about May 1976 to about October 2018.	Against Applicant	Marijuana	Regular	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.