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ISCR Case 22-01231 — CASE

Case record

ISCR Case 22-01231

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

Case Profile
Decision Date10/19/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Andrew H. Henderson
Case Summary
The applicant in this case was a 49-year-old individual employed by a defense contractor since June 2018. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing security concerns under Guidelines H (Drug Involvement), F (Financial Considerations), J (Criminal Conduct), and G (Alcohol Consumption). The core allegations included past marijuana use, failure to file federal income tax returns, and multiple criminal offenses, including a DUI and contempt of court.
The applicant admitted to using marijuana infrequently until 2015, after which he ceased use due to health concerns. He acknowledged his failure to file tax returns for 2016 and 2017 but demonstrated compliance by filing those returns and settling his tax debts. Regarding criminal conduct, he admitted to a contempt ruling in 2015 and a DUI in 2018, along with an arrest for being an unlicensed driver in 2019. He provided evidence of completing court-required programs related to his DUI.
The administrative judge ruled in favor of the applicant, granting eligibility for access to classified information. The judge found that the applicant's past drug use was infrequent and had ceased over eight years ago, and he had taken significant steps to address his financial issues. The judge concluded that the applicant's actions demonstrated a commitment to compliance and responsibility, mitigating the security concerns raised in the SOR.
Guidelines Evaluated
- Guideline FFinancial Considerations · For Applicant
- Guideline GAlcohol Consumption · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
- Guideline JCriminal Conduct · For 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. 22-01231

grantedOct 19, 2023· Hon. Richard A. Cefola· hearing

Summary

A 49-year-old defense contractor's security clearance was granted despite allegations under Guidelines F (Financial Considerations), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The applicant admitted to using marijuana monthly from 1996 until July 2015, ceasing due to health concerns. He also acknowledged a contempt of court finding in August 2015 during a child custody dispute, a July 2018 arrest for Driving Under the Influence (DUI), and a December 2019 arrest for being an unlicensed driver.

Regarding financial concerns, the applicant resolved his 2015 federal income tax debt through two payments: $1,000 in April 2022 and $4,074 in August 2023. Following his 2018 DUI, he no longer drives after consuming alcohol and completed all court-ordered programs related to that conviction.

The decision to grant the clearance was based on significant mitigating factors. These included the applicant's long period of abstinence from marijuana use (over eight years), the resolution of his tax debts, and the completion of all court-required programs, demonstrating a commitment to addressing past issues.

Why the Applicant Prevailed

The applicant ceased marijuana use over eight years ago due to health concerns.
The applicant resolved his tax debts and filed delinquent returns, demonstrating financial responsibility.
The applicant completed all court-required programs related to his DUI conviction.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 19(f)raisedFailure to File Taxes
AG ¶ 31(a)raisedPattern of Minor Offenses
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 22(a)raisedAlcohol-related Incidents

Mitigating

AG ¶ 26(a)appliedTime Elapsed Since Misuse
AG ¶ 20(g)appliedArrangements with Tax Authority
AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 23(a)appliedTime Passed Since Alcohol Incident

Key Rule Quoted

“The administrative judge’s overarching adjudicative goal is a fair, impartial, and commonsense decision.”

Procedural Posture

SOR issuedDec 1, 2022
Answer filedJan 29, 2023
Hearing heldJul 5, 2023record kept open until September 5, 2023
Decision dateOct 19, 2023

Cite For

Mitigating Factors for Drug Involvement Under Guideline H
Resolution of Financial Obligations Under Guideline F
Successful Rehabilitation From Criminal Conduct Under Guideline J

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: HearingDecided: granted

The judge found that the applicant had resolved his 2015 Federal income tax debt by making two payments totaling $5,074. As a result, the judge ruled in favor of the applicant regarding the financial considerations under Guideline F.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—
2.b	Applicant has paid his 2015 Federal income tax debt through an 'Online Account' by two payments: $1,000 in April of 2022, and $4,074 in August of 2023. $5,074	For Applicant	Tax Unpaid	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full

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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found in favor of the applicant regarding the alcohol-related allegation stemming from a July 2018 DUI. The applicant has since committed to not driving after consuming alcohol, demonstrating a positive change in behavior following the incident.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
4.a	As a result of his July 2018 DUI, Applicant no longer drives after drinking alcohol.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). 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: granted

The applicant admitted to using marijuana about once or twice a month from 1996 until his last use in July 2015. The judge found this conduct mitigated and ruled in favor of the applicant on this allegation, concluding that the applicant's overall record supports his eligibility for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits that he used marijuana, about once or twice a month from about 1996 until his last usage in about July of 2015.	For Applicant	Marijuana	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found in favor of the applicant on all allegations related to criminal conduct. The applicant admitted to a contempt of court finding, a DUI arrest, and an arrest for being an unlicensed driver. The judge credited the applicant's completion of court-required DUI programs as a mitigating factor.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant admits that in August of 2015, about eight years ago, he was found to be in Contempt of Court during a child custody battle with his second wife.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
3.b	Applicant admits that in July of 2018, about five years ago, he was arrested and charged with Driving Under the Influence (DUI).	For Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	—	—	Documented Substance Treatment Completed
3.c	Applicant admits that in December of 2019, about four years ago, he was arrested and charged with being an 'unlicensed driver' in State B.	For Applicant	Traffic Offense Pattern	Charged Not Convicted	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.