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ISCR Case 22-02601 — CASE

Case record

ISCR Case 22-02601

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

Case Profile
Decision Date11/15/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Related decisionSee the appeal decision (Case ISCR Case No. 22-02601) →
Participants
Judge: Pamela C. Benson
Government Counsel: Alison P. O'Connell
Applicant's Counsel: Kristin Figueroa-Contreras
Case Summary
The applicant in this case was a 32-year-old individual who had previously held a secret security clearance since 2018 and was seeking a top secret clearance for her position as a software engineer. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The core allegations included the applicant's failure to disclose a one-time use of marijuana in 2020 while holding a security clearance and the alleged falsification of her security clearance application.
During the hearing, the applicant admitted to using marijuana once in the spring of 2020 but denied intentionally falsifying her application. She explained that the omission was an oversight, claiming it had slipped her mind while completing the application. The applicant also stated that she was unaware of the requirement to report her drug use to her employer. Despite her admissions, the administrative judge found inconsistencies in her statements regarding her knowledge of the security clearance requirements and her husband's marijuana use, which she had not disclosed in her application.
The administrative judge ruled against the applicant, concluding that she failed to mitigate the security concerns related to her drug involvement and personal conduct. The judge emphasized the importance of trust and confidence in individuals granted access to classified information and noted that any doubt regarding an applicant's eligibility must be resolved in favor of national security. 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
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Case Headnote

ISCR Case No. 22-02601

deniedNov 15, 2023· Hon. Pamela C. Benson· hearing

Summary

A 32-year-old software engineer with an existing secret security clearance was denied continued access due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to a single instance of marijuana use in the spring of 2020, which occurred while she already held a security clearance.

Further issues arose from her 2022 security clearance application (SCA). The applicant denied allegations that she falsified her SCA, but the judge found inconsistencies in her statements regarding both her drug use and the application itself. These inconsistencies, coupled with her failure to disclose the drug use while holding a clearance, significantly undermined her credibility and trustworthiness.

The denial was based on the applicant's admitted marijuana use while cleared, her inconsistent statements that raised doubts about her credibility, and her failure to demonstrate a prompt, good-faith effort to correct omissions in her security clearance application. The judge ultimately concluded that these factors warranted the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana once in 2020 while holding a security clearance.
Inconsistent statements regarding her drug use and application raised doubts about her credibility.
The applicant failed to demonstrate a prompt, good-faith effort to correct her omissions in the security clearance application.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)raisedDeliberate Omission or Falsification

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedFeb 9, 2023
Answer filedApr 26, 2023
Hearing heldSep 13, 2023
Decision dateNov 15, 2023

Cite For

Inconsistencies in Applicant's Statements Affecting Credibility
Failure to Disclose Drug Use While Holding a Security Clearance
Impact of Personal Conduct on Security Clearance 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: HearingDecided: denied

The judge found against the applicant on allegations of falsification related to her 2022 Security Clearance Application (SCA). The applicant denied the allegations, but the judge concluded that her inconsistent statements regarding the omission of marijuana use raised concerns about her reliability and trustworthiness.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant denied both allegations of falsification of her 2022 SCA.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant denied both allegations of falsification of her 2022 SCA.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

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 regarding her admitted use of marijuana on one occasion in the spring of 2020. This use occurred while she held a security clearance, raising concerns about her reliability and judgment.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admitted she used marijuana on one occasion in about the spring of 2020.	Against Applicant	MarijuanaWHILE CLEARED	Experimental	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.