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ISCR Case 22-00472 — CASE

Case record

ISCR Case 22-00472

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

Case Profile
Decision Date10/2/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Stephanie C. Hess
Government Counsel: Daniel P. O'Reilley
Applicant's Counsel: Anita Gorecki-Robbins
Case Summary
The applicant in this case was a 26-year-old senior information technology consultant employed by a defense contractor since November 2019. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing security concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement and Substance Misuse). The core allegations included the applicant's intentional false statements during background investigations in 2019 and 2021, specifically regarding his marijuana use, which he failed to disclose while holding a security clearance.
The applicant admitted to using marijuana on several occasions between 2016 and 2018 and again in October 2020 while holding a security clearance. He acknowledged that he did not disclose this information on his e-QIP forms due to fear of the consequences on his job status and a lack of understanding of the reporting requirements. Although he claimed his omissions were not intentional, he ultimately conceded that he willfully left out the information due to concerns about the impact on his career.
The administrative judge ruled against the applicant, concluding that he had not mitigated the security concerns related to his personal conduct and drug involvement. The judge emphasized that the applicant's intentional omissions during the security clearance process demonstrated a lack of trustworthiness, which is critical for access to classified information. Consequently, the applicant's request for a 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.
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Case Headnote

ISCR Case No. 22-00472

deniedOct 2, 2023· Hon. Stephanie C. Hess· hearing

Summary

A 26-year-old senior information technology consultant was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the applicant's admitted falsification of information on his February 26, 2021, e-QIP, specifically regarding his marijuana use in October 2020. This omission was deemed a deliberate failure to disclose.

Further issues arose from the applicant's history of marijuana use, which occurred with varying frequency from approximately May 2016 to December 2018, and again in October 2020, while he already possessed access to classified information. The judge determined that the applicant's admissions and inconsistent statements about his drug use significantly undermined his credibility and reliability.

Ultimately, the judge concluded that the applicant did not demonstrate the trustworthiness, reliability, or good judgment required for access to classified information, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to falsifying information on his e-QIP regarding marijuana use, which raised trustworthiness concerns.
The applicant's inconsistent statements about his marijuana use undermined his credibility and reliability.
The applicant used marijuana while holding a security clearance and failed to disclose this on his e-QIP.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information

Key Rule Quoted

“An applicant who uses marijuana after having been placed on notice of its security significance... may be lacking in the qualities expected of those with access to national secrets.”
— ISCR Case No. 17-03191 at 3 (App. Bd. Mar. 26, 2019)

Procedural Posture

SOR issuedApr 27, 2022
Answer filedSep 12, 2022Amended SOR included additional allegations.
Hearing heldJul 20, 2023
Decision dateOct 2, 2023

Cite For

Issues of Credibility and Trustworthiness Under Guideline E
Falsification of Security Clearance Applications
Drug Involvement While Holding a Security Clearance

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 against the applicant on allegations of falsification related to his e-QIP submissions. The applicant admitted to the allegations but claimed that his omissions were unintentional, which the judge did not credit, concluding that the applicant failed to fully accept responsibility for his actions.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his February 26, 2021, e-QIP by intentionally failing to disclose his marijuana use in about October 2020.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

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 May 2016 to December 2018 and again in October 2020 while holding a security clearance. The applicant's admissions regarding his marijuana use were not sufficient to mitigate the concerns, leading to a decision against the applicant.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately May 2016 to December 2018 and that he used marijuana in about October 2020 while granted access to classified information.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	Claimed Acknowledgment and Remorse
1.b	specific text not stated in this decision	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

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.