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ISCR Case 22-01483 — CASE

Case record

ISCR Case 22-01483

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

Case Profile
Decision Date11/15/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert J. Tuider
Government Counsel: Adrienne M. Driskill
Applicant's Counsel: Ryan C. Nerney
Case Summary
The applicant in this case was a 46-year-old senior manager employed by a defense contractor since 2009, seeking to retain and upgrade his security clearance from Secret to Top Secret. The Defense Counterintelligence and Security Agency issued a Statement of Reasons citing concerns under Guideline H, specifically regarding the applicant's past marijuana use, which he self-reported as occurring intermittently from 1995 until November 2020.
During the proceedings, the applicant admitted to using marijuana approximately two dozen times over a span of 25 years, with his last use occurring during a family gathering in November 2020. He acknowledged this lapse in judgment and emphasized that he had not used any illegal drugs since then, expressing a firm commitment to abstain from future use. The applicant provided evidence of his efforts to mitigate concerns, including completing substance abuse evaluations and drug awareness courses, as well as submitting negative drug test results.
The administrative judge ruled in favor of the applicant, concluding that he had successfully mitigated the security concerns related to his past drug use. The judge noted the applicant's candidness, his proactive steps to address his past behavior, and his understanding of the responsibilities associated with holding a security clearance. The decision ultimately granted the applicant the security clearance, reflecting confidence in his reliability and judgment in safeguarding classified information.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 22-01483

grantedNov 15, 2023· Hon. Robert J. Tuider· hearing

Summary

A 46-year-old senior manager at a defense contractor was granted a security clearance despite concerns raised under Guideline H (Drug Involvement). The Statement of Reasons alleged that the applicant used marijuana with varying frequency from approximately May 1995 to November 2020, including after receiving a Secret clearance in January 2011. This raised disqualifying conditions AG ¶ 25(a) and AG ¶ 25(f).

However, the administrative judge applied mitigating conditions AG ¶ 26(a), AG ¶ 26(b), AG ¶ 26(b)(1), AG ¶ 26(b)(2), and AG ¶ 26(b)(3). The judge noted that the applicant's marijuana use was infrequent and spanned a long period, with the last instance in November 2020.

The applicant demonstrated proactive steps toward future abstinence, including completing substance abuse evaluations and awareness courses. He also showed strong family support, a commitment to a drug-free lifestyle, and a clear understanding of the responsibilities associated with holding a security clearance. Based on these factors, the security clearance was GRANTED.

Why the Applicant Prevailed

The applicant's marijuana use was infrequent and occurred over a long period, with the last use being in November 2020.
He has taken proactive steps to ensure future abstinence, including completing substance abuse evaluations and awareness courses.
The applicant demonstrated strong family support and a commitment to maintaining a drug-free lifestyle.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Security Clearance

Mitigating

AG ¶ 26(a)appliedInfrequent Use Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Substance Misuse
AG ¶ 26(b)(1)appliedDisassociation From Drug-using Associates
AG ¶ 26(b)(2)appliedAvoiding Environments Where Drugs Are Used
AG ¶ 26(b)(3)appliedSigned Statement of Intent to Abstain

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 27, 2022
Answer filedDec 22, 2022
Hearing heldMar 21, 2023
Decision dateNov 15, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Family Support in Security Clearance Cases
Commitment to Abstinence as a Mitigating Factor in Drug Use 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 found that the applicant used marijuana with varying frequency from May 1995 to November 2020, including use after being granted a Secret clearance in January 2011. However, the applicant demonstrated significant mitigation through his acknowledgment of past use, a period of abstinence since November 2020, and a commitment to not use illegal drugs in the future. The outcome was granted, indicating the applicant's reliability and trustworthiness were restored.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about May 1995 to about November 2020, to include use after being granted a Secret clearance by the Department of Defense in approximately January 2011.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Documented Abstinence Period Documented Credited Acknowledgment and Remorse Documented Rehabilitation Evidence

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.