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ISCR Case 22-01333 — CASE

Case record

ISCR Case 22-01333

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

Case Profile
Decision Date7/28/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: David M. White
Government Counsel: Andre M. Gregorian
Case Summary
The applicant in this case was a 36-year-old computer network support technician who had held a security clearance since 2018. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The core allegations included the applicant's admission to using marijuana from 2004 to 2018, falsifying his 2018 security clearance application by denying this drug use, and continuing to use marijuana until confronted with a polygraph test in 2021.
During the proceedings, the applicant admitted to the allegations in the SOR, including his marijuana use and the falsification of his application. He claimed that his drug use was infrequent and occurred approximately 20 times, primarily during social gatherings. He expressed regret for his actions, described them as lapses in judgment, and stated his commitment to abstaining from drug use in the future. However, the administrative judge noted inconsistencies in his testimony and a lack of credible evidence to support his claims of infrequent use or efforts to seek treatment.
The administrative judge ruled against the applicant, concluding that the security concerns were not mitigated. The judge emphasized the importance of trust and reliability in national security positions and found that the applicant's history of drug use and dishonesty raised significant doubts about his suitability for access to classified information. 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.
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Case Headnote

ISCR Case No. 22-01333

deniedJul 28, 2023· Hon. David M. White· hearing

Summary

A 36-year-old computer network support technician was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the applicant's admitted marijuana use from 2004 to 2021, which included continued use after obtaining a security clearance.

Further concerns arose from the applicant's falsification of his 2018 security clearance application, where he denied any illegal drug use. His drug use persisted until he was confronted with a polygraph test in 2021, at which point he admitted to the continued use. The judge found that these actions, including questionable judgment and a lack of candor, raised significant doubts about his reliability and trustworthiness.

Despite the application of some mitigating conditions, the judge concluded that the applicant's conduct was not sufficiently mitigated. The decision emphasized the critical importance of trust and reliability for individuals holding national security positions, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana from 2004 to 2021, including after receiving a security clearance.
He falsified his 2018 security clearance application by denying his illegal drug use.
The applicant's drug use continued until he was confronted with a polygraph test in 2021.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)raisedDeliberate Omission or Falsification
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's long history of drug use and lack of credible evidence of rehabilitation raised doubts about future behavior.
AG ¶ 26(b)rejectedAcknowledgment of Drug InvolvementThe applicant's admission of drug use was not prompt or made in good faith.

Key Rule Quoted

“A person who applies for national security eligibility seeks to enter a fiduciary relationship with the government predicated upon trust and confidence.”

Procedural Posture

SOR issuedJul 22, 2022
Answer filedAug 8, 2022
Hearing heldJan 26, 2023Record left open until February 15, 2023 for additional evidence.
Decision dateJul 28, 2023

Cite For

Denial of Security Clearance Due to Ongoing Drug Use and Falsification of Application
Importance of Trust and Reliability in National Security Positions
Failure to Mitigate Significant Security Concerns Under Drug Involvement and Personal Conduct Guidelines.

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: HearingDecided: denied

The judge found that the applicant's conduct involved questionable judgment and a lack of candor, particularly regarding his drug use. The applicant attempted to conceal his continuing drug abuse after obtaining a clearance, which raised significant concerns about his reliability and trustworthiness. The application for clearance was ultimately denied.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant's conduct involving questionable judgment and lack of candor raises questions about his reliability and trustworthiness.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	—	—	—
2.b	He attempted to conceal his continuing drug abuse after obtaining a clearance when he applied to the GA in 2021.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	Claimed Acknowledgment and Remorse

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: HearingDecided: denied

The judge found that the applicant used marijuana with varying frequency from 2004 to 2018 and continued this use after receiving a security clearance until confronted with a polygraph test in 2021. The applicant also falsified his 2018 security clearance application by denying his illegal drug use. The decision to deny the application was based on concerns about the applicant's reliability and judgment regarding drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from 2004 to 2018 and continued using marijuana after receiving a clearance until confronted with a polygraph test in 2021.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.b	He falsified his 2018 security clearance application by denying his illegal drug use.	Against Applicant	Unspecified Drug Involvement	Not Applicable	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.