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ISCR Case 22-01733 — CASE

Case record

ISCR Case 22-01733

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

Case Profile
Decision Date9/21/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a 40-year-old individual employed by a defense contractor since January 2020. The Department of Defense Consolidated Adjudications Facility issued a Statement of Reasons citing security concerns under Guidelines H (Drug Involvement and Substance Misuse), G (Alcohol Consumption), and E (Personal Conduct). The core allegations included a long history of drug use, multiple DUI convictions, and the willful falsification of his Electronic Questionnaire for Investigations Processing (e-QIP).
The applicant admitted to using marijuana and hallucinogenic mushrooms over extended periods, with his last use of marijuana occurring in June 2022. He also acknowledged three DUI convictions between 2002 and 2004 and admitted to ongoing daily alcohol consumption to the point of intoxication. Furthermore, he confessed to deliberately falsifying his e-QIP by denying any prior alcohol-related offenses. Despite the opportunity to provide mitigating evidence, the applicant did not submit any additional information after receiving the Government's case.
The administrative judge ruled against the applicant on all counts, concluding that the applicant's extensive history of substance misuse and alcohol-related incidents raised significant concerns about his reliability and trustworthiness. The judge found no applicable mitigating conditions and emphasized the importance of maintaining national security, ultimately determining that the applicant's conduct did not warrant a favorable security clearance decision.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 22-01733

deniedSep 21, 2023· Hon. Richard A. Cefola· hearing

Summary

A 40-year-old defense contractor was denied a security clearance due to concerns under Guidelines H (Drug Involvement), G (Alcohol Consumption), and E (Personal Conduct). The applicant admitted to a long history of drug use, including marijuana for over 22 years, ending approximately 15 months prior, and hallucinogenic mushrooms for over 15 years, ending in December 2020. He also admitted to purchasing marijuana until October 2022.

Additionally, the applicant had three DUI convictions: in April 2002, October 2003, and February 2004. He also admitted to daily alcohol consumption to the point of intoxication. A significant personal conduct concern arose from his admission that he knowingly falsified his November 2020 e-QIP by answering "No" to a question about prior alcohol-related offenses.

The administrative judge found that the applicant's admissions and the absence of mitigating evidence raised substantial security concerns, leading to the denial of his request for national security eligibility.

Why the Applicant Was Denied

The applicant admitted to using marijuana for over 22 years and hallucinogenic mushrooms for over 15 years, with recent use ending only 15 months ago.
The applicant has three DUI convictions and continues to consume alcohol daily to the point of intoxication.
The applicant knowingly falsified his e-QIP by denying prior alcohol-related offenses.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 22(c)raisedHabitual or Binge Consumption of Alcohol
AG ¶ 16(a)raisedFalsification of Relevant Facts

Procedural Posture

SOR issuedNov 18, 2022
Answer filedFeb 7, 2023
Hearing held—Decision made on the record without a hearing.
Decision dateSep 21, 2023

Cite For

Substantial Admissions of Drug Use and Alcohol-related Offenses Under Guidelines H and G
Falsification of Information on E-qip Under Guideline E
The Impact of Ongoing Substance Misuse on National Security 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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant knowingly falsified his e-QIP regarding his alcohol-related offenses. This deliberate falsification was deemed a significant concern, leading to a ruling against the applicant under Guideline E.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant admits that he knowingly falsified his November 2020 e-QIP, in answer to 'Section 22 – Police Record . . . (EVER) been charged with an offense involving alcohol,' by answering 'No.'	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to alcohol consumption. The applicant had multiple DUI convictions and continues to consume alcohol daily to the point of intoxication, which the judge determined raised significant concerns regarding national security eligibility.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	In April of 2002, Applicant was arrested, charged, and subsequently found guilty of Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	In October of 2003, 18 months later, Applicant was arrested, charged, and subsequently pled guilty to DUI-Extreme.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.c	In February of 2004, only four months later, Applicant was again arrested, charged, and subsequently pled guilty to DUI-Extreme.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.d	Applicant continues to consume alcohol on a daily basis and to the point of intoxication.	Against Applicant	Binge or Intoxication Pattern	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: Decision on RecordDecided: denied

The judge found against the applicant on all allegations related to drug involvement, including the use and purchase of marijuana and hallucinogenic mushrooms. The applicant admitted to these allegations, which contributed to the decision to deny security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits to using marijuana with varying frequency from about March of 2000 until June of 2022, a period of about 22 years and ending about 15 months ago.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.b	Applicant admits to purchasing marijuana from about March of 2020 until October of 2022, a period of about 18 months and ending only about 11 months ago.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—
1.c	Applicant admits to using hallucinogenic mushrooms with varying frequency from about March of 2005 until December of 2020, a period of more than 15 years.	Against Applicant	Psilocybin	Regular	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	—	—

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.