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ISCR Case 22-01236 — CASE

Case record

ISCR Case 22-01236

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

Case Profile
Decision Date7/18/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 22-01236) →
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Andrew H. Henderson
Case Summary
The applicant in this case was a 54-year-old technical specialist employed by a defense contractor since March 2021. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement and Substance Abuse). The core allegations included the applicant's failure to file federal and state income tax returns from 2014 to 2020 and a significant delinquent tax debt of approximately $28,733 for the year 2012, as well as his admitted use of marijuana from 2010 to 2022.
The applicant admitted to the allegations regarding his financial issues and drug use, providing explanations related to personal circumstances such as the failure of a family business, the death of his father, and a divorce. He claimed that these factors contributed to his inability to file tax returns and manage his tax debt. While he had taken steps to address his tax issues by hiring a tax professional and filing overdue returns, the administrative judge noted that the federal tax debt remained unpaid and that the applicant had not provided sufficient documentation of a payment plan with the IRS. Regarding drug use, the applicant explained that he used marijuana to manage chronic back pain but was unaware of his employer's drug policy prohibiting its use.
The administrative judge ruled against the applicant, concluding that he had not mitigated the security concerns related to his financial difficulties and drug involvement. The judge emphasized that the applicant's ongoing tax issues and the lack of a comprehensive payment plan raised significant doubts about his reliability and trustworthiness, ultimately denying his eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · 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. 22-01236

deniedJul 18, 2023· Hon. Robert E. Coacher· hearing

Summary

A 54-year-old technical specialist was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline H (Drug Involvement). The applicant failed to file federal and state income tax returns from 2014 to 2020 and owed approximately $28,733 in delinquent federal taxes for tax year 2012. These financial issues were identified as disqualifying conditions.

Additionally, the applicant admitted to using marijuana with varying frequency from about 2010 to 2022, including after submitting his security clearance application. This drug involvement also raised disqualifying conditions.

While some mitigating conditions were considered, the judge ultimately found that the applicant did not adequately resolve the security concerns related to his financial irresponsibility and continued drug use. Consequently, the applicant was denied eligibility for access to classified information.

Why the Applicant Was Denied

The applicant failed to file federal and state tax returns from 2014 to 2020, resulting in significant delinquent taxes owed.
The applicant admitted to using marijuana regularly from 2010 to 2022, including after completing his security clearance application.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Income Tax Returns
AG ¶ 24(a)raisedAny Substance Misuse

Mitigating

AG ¶ 20(b)rejectedConditions Beyond the Person's ControlWhile some circumstances were beyond the applicant's control, the judge found he did not take responsible actions to address his tax issues.
AG ¶ 20(g)rejectedArrangements with Tax AuthorityThe applicant's tax debt remained outstanding and he did not document a comprehensive payment plan.
AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's recent marijuana use raised doubts about his reliability and trustworthiness.
AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant did not provide a signed statement of intent to abstain from future drug use.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 18, 2022
Answer filedDec 21, 2022
Hearing heldApr 11, 2023
Decision dateJul 18, 2023

Cite For

Failure to Mitigate Financial Issues Under Guideline F
Failure to Mitigate Drug Involvement Under Guideline H
Importance of Timely Filing Tax Returns for Security Clearance Eligibility

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: denied

The judge found against the applicant on financial considerations, specifically for failing to file tax returns from 2014 to 2020 and for owing approximately $28,733 in delinquent taxes for the tax year 2012. Despite the applicant's claims of personal circumstances affecting his ability to manage his tax obligations, the judge concluded that he had not taken responsible actions to address these issues in a timely manner.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	failed to file his 2014 to 2020 federal and state income tax returns, as required	Against Applicant	Tax Filing Failure	Admitted	—	—	—
1.b	owed the federal government approximately $28,733 in delinquent taxes for tax year 2012 $28,733	Against Applicant	Tax Unpaid	Admitted	—	—	—

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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant used marijuana with varying frequency from about 2010 to 2022, including after completing a security clearance application in April 2021. The applicant's marijuana use raised concerns about his reliability and trustworthiness, leading to a denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	used marijuana with varying frequency from about 2010 to 2022	Against Applicant	MarijuanaWHILE CLEARED	Unspecified	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.