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ISCR Case 22-01887 — CASE

Case record

ISCR Case 22-01887

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

Case Profile
Decision Date12/8/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Pamela C. Benson
Government Counsel: Erin P. Thompson
Case Summary
The applicant in this case was a 29-year-old electrical hardware engineer employed by a Department of Defense (DOD) contractor since June 2017. The Defense Office of Hearings and Appeals (DOHA) reviewed his eligibility for a security clearance under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The Statement of Reasons (SOR) alleged that the applicant had used marijuana from July 2012 to at least October 2022, despite previously stating in 2017 that he did not intend to use marijuana again. He admitted to using marijuana during the specified period but denied any intention to continue its use in the future.
The administrative judge found that the applicant's admissions established a pattern of drug use that raised significant security concerns. Although the applicant claimed to have matured and focused on his education and career, he acknowledged that he had used marijuana after asserting he would not do so. The judge noted that the applicant's continued involvement in environments where marijuana was used further complicated his claims of intent to abstain. Ultimately, the judge ruled against the applicant, concluding that the evidence did not sufficiently mitigate the security concerns associated with his drug use, resulting in a denial of eligibility 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. 22-01887

deniedDec 8, 2023· Hon. Pamela C. Benson· hearing

Summary

A 29-year-old electrical engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from the applicant's admitted marijuana use, which occurred with varying frequency from approximately July 2012 to October 2022. This included purchasing marijuana between July 2012 and January 2017, and using it from July 2017 to October 2022, while already granted access to classified information.

The Statement of Reasons highlighted that the applicant's drug involvement and substance misuse reflected questionable judgment and an unwillingness to comply with rules. Disqualifying conditions cited included AG ¶ 25(a), AG ¶ 25(c), AG ¶ 25(g), and AG ¶ 16(e).

The judge determined that the applicant's continued marijuana use, particularly after expressing an intent to cease, demonstrated poor judgment and unreliability. These actions raised significant security concerns regarding the applicant's willingness to comply with laws and regulations, ultimately leading to the denial of eligibility for access to classified information.

Why the Applicant Was Denied

The applicant used marijuana while holding a security clearance, demonstrating poor judgment and unreliability.
The applicant's continued drug use after stating an intention to stop raised concerns about his willingness to comply with laws and regulations.
The applicant's admissions of past drug use and intent to continue using marijuana indicated a lack of commitment to abstain from illegal substances.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(g)appliedExpressed Intent to Continue Drug Involvement
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation

Key Rule Quoted

“An individual who acts only when they have been placed on notice that their security clearance is in jeopardy may be lacking the judgment and self-discipline in the long term that is expected of security clearance holders when they are not facing an immediate threat.”

Procedural Posture

SOR issuedJan 13, 2023
Answer filed—
Hearing heldOct 5, 2023via Microsoft Teams
Decision dateDec 8, 2023

Cite For

Denial of Security Clearance Due to Ongoing Drug Use Under Guideline H
Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
Lack of Mitigating Conditions for Recent Drug Involvement and Personal Conduct Issues.

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 against the applicant on the personal conduct concerns related to drug involvement and substance misuse. The applicant's continued use of marijuana after stating an intention to discontinue raised significant questions about his judgment and compliance with rules and regulations, leading to a denial of his security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant's drug involvement and substance misuse reflect questionable judgment and an unwillingness to comply with rules and regulations.	Against Applicant	Questionable Judgment General	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern (g) association with persons involved in criminal activity	—	—

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 July 2017 to October 2022 while holding a security clearance, and also purchased marijuana on various occasions from July 2012 to January 2017. The decision was denied based on the applicant's continued use of marijuana and expressed intent to use it in the future, which raised concerns regarding national security.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about July 2017 to about October 2022, while granted access to classified information.	Against Applicant	MarijuanaWHILE CLEAREDRelated Misconduct	Frequent	Denied	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	Applicant purchased marijuana on various occasions from approximately July 2012 to January 2017.	Against Applicant	Marijuana	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (g) expressed intent to continue, or failure to commit to discontinue	—	—

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.