CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 22-00338 — CASE

DOHA Record Explorer

ISCR Case 22-00338

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

Case Profile
Decision Date1/24/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Noreen A. Lynch
Government Counsel: John C. Lynch
Case Summary
The applicant in this case was a 53-year-old systems engineer employed by a defense contractor since 2008. The Department of Defense (DOD) raised security concerns under Guideline H (Substance Abuse) and Guideline E (Personal Conduct) in a Statement of Reasons (SOR) issued on April 19, 2022. The allegations included the applicant's illegal use of marijuana from 1999 to 2021 while holding a security clearance and falsifying his security clearance application by denying any illegal drug use.
The applicant admitted to using marijuana intermittently, including after obtaining his security clearance, but claimed that his use was infrequent and that he intended to abstain in the future. He denied the allegations of falsification, asserting that he misunderstood the application questions. Despite his claims of limited use and intent to stop, the administrative judge found that the applicant's admissions demonstrated a disregard for the rules governing drug use and security clearance eligibility.
The administrative judge ruled against the applicant, concluding that he did not mitigate the security concerns raised under either guideline. The judge noted that the applicant's continued use of marijuana, despite knowing it was illegal and against his employer's policies, raised significant doubts about his reliability and trustworthiness. Consequently, the applicant's request for security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · 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. 22-00338

deniedJan 24, 2023· Hon. Noreen A. Lynch· hearing

Summary

A 53-year-old systems engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana with varying frequency from approximately March 1999 to at least November 2021, including after being granted access to classified information in November 2008.

Additionally, the applicant falsified his September 2008 security clearance application by falsely responding "No" to a question about illegal drug use. The judge determined this falsification was intentional, not an error.

The denial was based on the applicant's admitted marijuana use while holding a clearance, which demonstrated a disregard for regulations, and the intentional falsification of his application. The applicant did not provide credible evidence of rehabilitation or a commitment to future abstinence from drug use.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a security clearance, demonstrating a disregard for rules and regulations.
The applicant falsified his security clearance application by denying illegal drug use, which the judge found to be intentional and not a mere mistake.
The applicant failed to provide credible evidence of rehabilitation or a commitment to abstain from drug use in the future.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedExpressed Intent to Continue Drug Involvement
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(d)raisedCredible Adverse Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedApr 19, 2022
Answer filedMay 6, 2022
Hearing held—Decision made on the written record without a hearing.
Decision dateJan 24, 2023

Cite For

Denial of Security Clearance Due to Substance Abuse Under Guideline H
Falsification of Security Clearance Application Under Guideline E
Lack of Mitigating Evidence for Drug Use and Personal Conduct Issues

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 falsified his security clearance application by denying illegal drug use, which he later admitted to. The applicant's claims of misunderstanding were not supported by evidence, leading to a decision against him on the personal conduct allegations. Consequently, the applicant's request for a security clearance was denied.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his September 2008 SCA by responding 'No' to Section 24.a regarding illegal drug use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	The SOR cross alleged the marijuana use allegation in 1.a.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (e) personal conduct or concealment creating vulnerability to exploitation	—	—

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 marijuana with varying frequency from March 1999 to at least November 2021, including while holding a security clearance. The applicant's admissions and the evidence presented led to a ruling against him, concluding that his drug use and failure to disclose it on his security clearance application were serious issues that warranted denial of his clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant, with varying frequency, from about March 1999 to at least November 2021, used marijuana after being granted access to classified information in November 2008.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Denied	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

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.