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ISCR Case 22-01468 — CASE

Case record

ISCR Case 22-01468

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

Case Profile
Decision Date5/2/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert E. Coacher
Government Counsel: Mark D. Lawton
Case Summary
The applicant in this case was a 36-year-old employee of a defense contractor who had held a security clearance since 2019. 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 admitted use and purchase of marijuana from 2010 to 2021, including while having access to classified information, and providing false information on his security clearance application regarding his drug use.
The applicant admitted to all allegations in the SOR, including daily marijuana use and purchases during the specified time frames. He claimed that his drug use was related to anxiety, although he had not been formally diagnosed until March 2021. He acknowledged that he had provided false information on his 2018 security clearance application and continued to use marijuana after being granted a security clearance. Although he completed a 30-day inpatient drug treatment program in early 2023, the administrative judge found that the applicant had not sufficiently mitigated the security concerns.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns under both guidelines. The judge noted that the applicant's admissions and the nature of his drug use raised significant questions about his reliability and trustworthiness, particularly given the duration and context of his substance misuse. The judge emphasized the importance of maintaining national security and found that the applicant's actions did not demonstrate a sufficient commitment to abstaining from drug use or to upholding the standards required for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 22-01468

deniedMay 2, 2023· Hon. Robert E. Coacher· hearing

Summary

A 36-year-old defense contractor was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from a history of marijuana use spanning from October 2010 to June 2021, and the deliberate omission of this drug use and purchases on his June 2018 security clearance application.

Specifically, the applicant used marijuana from 2010 to 2021, including while having access to classified information from approximately March 2019 to 2021. He also purchased marijuana from January 2011 to December 2020. The applicant admitted to daily marijuana use during this period and to providing false information on his application.

Despite completing a drug treatment program, the judge found insufficient evidence of rehabilitation. Concerns remained regarding the applicant's reliability and trustworthiness, particularly due to the lack of a favorable prognosis from a qualified medical professional. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to using marijuana daily from 2010 to June 2021, including while holding a security clearance.
The applicant provided false information on his June 2018 security clearance application regarding his drug use.
The applicant's claims of rehabilitation were not supported by sufficient evidence, including a lack of a favorable prognosis from a qualified medical professional.

Conditions Referenced

Disqualifying

AG ¶ 24appliedDrug Involvement and Substance Misuse
AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Key Rule Quoted

“The illegal use of controlled substances, to include the misuse of prescription and non-prescription drugs, and the use of other substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose can raise questions about an individual’s reliability and trustworthiness.”

Procedural Posture

SOR issuedSep 1, 2022
Answer filedSep 1, 2022Date may be incorrect as listed in SOR answer.
Hearing heldJan 26, 2023Hearing was held as scheduled.
Decision dateMay 2, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Failure to Mitigate Personal Conduct Issues Under Guideline E
Insufficient Evidence of Rehabilitation After Drug Treatment Program

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 deliberately provided false information on his June 2018 security clearance application by failing to disclose his illegal drug use and purchases. The applicant admitted to this conduct, and the judge ruled against him on the allegation, concluding that he did not mitigate the personal conduct concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately gave false information on his June 2018 security clearance application when he failed to disclose his illegal drug use and purchases.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

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 against the applicant on all allegations related to drug involvement, specifically marijuana use. The applicant admitted to using marijuana while holding a security clearance, which raised significant concerns about his reliability and trustworthiness. The decision was ultimately denied due to the applicant's past drug use and failure to mitigate the associated risks.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from October 2010 to June 2021.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	Applicant used and purchased marijuana from about March 2019 to about 2021, while having access to classified information.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant purchased marijuana from January 2011 to December 2020.	Against Applicant	Marijuana	Regular	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.