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ISCR Case 20-01848 — CASE

Case record

ISCR Case 20-01848

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

Case Profile
Decision Date3/9/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 29-year-old computer engineer employed by a federal contractor since 2017. He faced security concerns under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct) as outlined in the Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency. The core allegations included his use and purchase of marijuana from December 2012 to October 2019, as well as providing false information on his security clearance application regarding his drug use.
During the proceedings, the applicant admitted to some allegations, specifically his marijuana use and purchase, but denied others related to providing false information. He explained that he believed he had stopped using marijuana after being hired in 2017, but resumed use after transferring to a state where it was legal under state law. However, he claimed he was unaware of the federal prohibition against marijuana use. The administrative judge found his explanations not credible, noting that he intentionally provided false information on his security clearance application due to concerns about job security.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the government's security concerns. The judge emphasized the importance of trust and compliance with laws in the context of national security, stating that the applicant's drug involvement and dishonesty raised significant questions about his reliability and trustworthiness. Consequently, the applicant's eligibility for a security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 20-01848

deniedMar 9, 2023· Hon. Robert E. Coacher· hearing

Summary

A 29-year-old computer engineer was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from admitted marijuana use and providing false information on security clearance applications.

Specifically, the applicant used marijuana from December 2012 to October 2019, including after being granted a security clearance in 2017, and purchased it from December 2012 to April 2014. The applicant also deliberately provided false information on his September 2019 security clearance application, denied marijuana use during his November 2019 background interview, and failed to admit to his full history of marijuana use.

The judge found the applicant's explanations regarding his drug use and dishonesty not credible, raising significant concerns about his reliability and trustworthiness. The recent drug use while holding a security clearance further undermined his judgment, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to marijuana use and providing false information on security clearance applications.
The judge found the applicant's explanations regarding his drug use and dishonesty not credible, undermining his reliability and trustworthiness.
The applicant's recent drug use while holding a security clearance raised significant concerns about his judgment.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(b)raisedProviding False or Misleading Information
AG ¶ 16(e)raisedConduct Creating Vulnerability to Exploitation

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 3, 2022
Answer filedMar 22, 2022
Hearing heldNov 16, 2022
Decision dateMar 9, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Impact of Providing False Information on Security Clearance Applications Under Guideline E
Credibility of Applicant's Explanations 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.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on all allegations under Guideline E, concluding that the applicant deliberately provided false information on his security clearance application and during his background interview. The applicant's actions were deemed to reflect questionable judgment and a vulnerability to exploitation.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately provided false information on his September 2019 security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
2.b	Applicant denied his marijuana use during his background interview in November 2019.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.c	Applicant failed to admit to his marijuana use from December 2012 to October 2019.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.d	Applicant provided false information during his background investigation interview.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	—	—	—

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: HearingDecided: denied

The judge found that the applicant used marijuana from December 2012 to October 2019 and purchased marijuana from December 2012 to April 2014. Although the applicant was found to have used marijuana after being granted a security clearance in 2017, this was not deemed disqualifying as it did not occur while holding access to classified information. The overall outcome was a denial of the application due to unresolved security concerns regarding drug involvement and personal conduct.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from December 2012 to October 2019 and purchased marijuana from December 2012 to April 2014.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	Claimed Passage of Time
1.b	Applicant used marijuana after being granted a security clearance in 2017.	For Applicant	MarijuanaWHILE CLEARED	Not Applicable	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.