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ISCR Case 22-00775 — CASE

Case record

ISCR Case 22-00775

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

Case Profile
Decision Date6/23/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert J. Tuidar
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case submitted a Questionnaire for National Security Positions on October 23, 2020, and faced allegations under Guideline H concerning drug involvement and substance misuse. The Department of Defense issued a Statement of Reasons on October 13, 2022, indicating that the applicant's past narcotics use, primarily opiates and opioids from approximately 2008 to 2016, raised concerns about his eligibility for access to classified information.
During the proceedings, the applicant admitted to a history of narcotics use but provided evidence of his commitment to sobriety, including continuous enrollment in drug treatment programs from July 2016 until December 2022, where he successfully completed treatment. He demonstrated proactive steps to maintain his sobriety, such as participating in Narcotics Anonymous meetings and engaging with healthcare professionals. The applicant also highlighted his strong family support and excellent employment record.
The administrative judge ruled in favor of the applicant, concluding that the evidence presented sufficiently mitigated the security concerns related to his past drug involvement. The judge found that the applicant's current reliability, trustworthiness, and good judgment were not in doubt, and that he met the burden of persuasion to demonstrate that granting him national security eligibility was consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 22-00775

grantedJun 23, 2023· Hon. Robert J. Tuidar· hearing

Summary

A security clearance was granted to an applicant despite a history of drug involvement under Guideline H. The Statement of Reasons alleged the applicant's past use of narcotics, primarily opiates and opioids, with varying frequency from approximately 2008 to 2016.

However, several mitigating conditions were applied. The applicant successfully completed drug treatment in December 2022 and demonstrated an ongoing commitment to sobriety through various support mechanisms. Additionally, the applicant maintained an excellent employment record and strong family support.

The judge determined that the applicant met the burden of persuasion for national security eligibility under Guideline H, leading to a favorable decision and the granting of the security clearance.

Why the Applicant Prevailed

Successfully completed drug treatment in December 2022.
Demonstrated ongoing commitment to sobriety through support mechanisms.
Maintained an excellent employment record and strong family support.

Conditions Referenced

Mitigating

AG ¶ 26(a)appliedThe Behavior Was Not Recent and the Applicant Has Demonstrated a Positive Change in Behavior.
AG ¶ 26(b)(1)appliedThe Applicant Has Successfully Completed a Rehabilitation Program.
AG ¶ 26(b)(2)appliedThe Applicant Has Established a Sustained Period of Abstinence.
AG ¶ 26(b)(3)appliedThe Applicant Has Received Favorable Evaluations From Professionals.
AG ¶ 26(c)appliedThe Applicant Has Demonstrated a Commitment to Sobriety Through Participation in Support Programs.
AG ¶ 26(d)appliedThe Applicant Has Strong Family Support and a Stable Employment History.

Key Rule Quoted

“I conclude that he met his ultimate burden of persuasion to show that it is clearly consistent with the national interest to grant him national security eligibility for access to classified information.”

Procedural Posture

SOR issuedOct 13, 2022
Answer filed—
Hearing heldMar 22, 2023
Decision dateJun 23, 2023

Cite For

Mitigating Conditions Under Guideline H for Drug Involvement
Demonstrating Commitment to Sobriety After Substance Misuse
Importance of Support Systems in Rehabilitation 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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge addressed the Applicant's past use of narcotics, primarily opiates and opioids, from approximately 2008 to 2016. The Applicant demonstrated sufficient evidence of rehabilitation and commitment to sobriety, leading to a decision to grant security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1	Applicant's past use of narcotics with varying frequency, primarily opiates and opioids, from approximately 2008 to 2016.	For Applicant	Prescription Opioid Misuse	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence (c) prescription abuse followed a prolonged illness and has since ended (d) satisfactory completion of treatment with a favorable prognosis	Documented Substance Treatment Completed Documented Abstinence Period Documented

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.