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ISCR Case 23-00094 — CASE

Case record

ISCR Case 23-00094

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

Case Profile
Decision Date12/13/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Mark W. Harvey
Government Counsel: John C. Lynch
Applicant's Counsel: Ryan C. Nerney
Case Summary
The applicant in this case was a 40-year-old staff electrical engineer employed by a defense contractor for five years. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guidelines H (drug involvement and substance misuse) and E (personal conduct). The core allegations included the applicant's admission to stealing and using prescription Vicodin from family members on multiple occasions, including incidents in 2011, 2012, and October 2020, while holding a security clearance.
During the proceedings, the applicant admitted to the allegations in the SOR and provided mitigating information. He acknowledged his past misuse of Vicodin, attributing it to personal issues such as anxiety and depression exacerbated by the pandemic. The applicant demonstrated efforts to improve his situation by attending therapy and maintaining a support system. He had not used opioids in the past 24 months and provided a negative drug test result. Character references from coworkers and supervisors highlighted his professionalism and trustworthiness.
The administrative judge ruled in favor of the applicant, concluding that the security concerns were mitigated. The judge noted the applicant's admissions, his proactive steps toward rehabilitation, and the absence of any recent substance misuse. The judge emphasized the applicant's commitment to maintaining a clean record and his understanding of the responsibilities associated with holding a security clearance, ultimately granting him eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 23-00094

grantedDec 13, 2023· Hon. Mark W. Harvey· hearing

Summary

A 40-year-old electrical engineer was granted eligibility for access to classified information despite concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons alleged that in approximately October 2020, while already holding a security clearance, the applicant used Vicodin not prescribed to him, specifically stealing and using his aunt’s medication. Further allegations detailed that on at least three occasions in 2011 and 2012, he stole and used Vicodin belonging to his mother or father. These actions raised disqualifying conditions related to drug involvement and personal conduct.

However, the applicant demonstrated significant mitigating factors. He admitted to the misuse of Vicodin and the thefts, but showed a strong commitment to abstain from drug use. He sought therapy for underlying issues, which contributed to improved personal relationships and a robust support system.

The judge ultimately determined that the applicant's past behavior was unlikely to recur. The evidence presented indicated that his prior conduct did not cast doubt on his current reliability and trustworthiness, leading to the decision to grant his security clearance.

Why the Applicant Prevailed

The applicant demonstrated a commitment to abstain from drug use and sought therapy for underlying issues.
He provided evidence of improved relationships and support systems since his past drug use.
The judge found that the applicant's past behavior was unlikely to recur and did not affect his current reliability.

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

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement
AG ¶ 26(c)appliedAbuse After Severe Illness and Has Since Ended
AG ¶ 17(c)appliedMinor Offense or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledgment and Counseling to Change Behavior
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedMar 13, 2023
Answer filedMay 8, 2023
Hearing heldSep 11, 2023
Decision dateDec 13, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Personal Conduct Issues Related to Substance Misuse
Whole-person Assessment in Security Clearance Decisions

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 Vicodin (hydrocodone) without a prescription on multiple occasions, including while holding a security clearance. However, the applicant's admissions and subsequent actions demonstrated acknowledgment of wrongdoing and a commitment to abstain from future misuse. The judge concluded that the security concerns related to drug involvement were mitigated, resulting in a granted decision.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In about October 2020, while granted access to classified information, he used the prescription medication Vicodin (hydrocodone) that was not prescribed to him.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Credited Acknowledgment and Remorse Documented Substance Treatment Ongoing
2.a	In about October 2020, he stole his aunt’s Vicodin (hydrocodone) and then used the Vicodin.	For Applicant	Prescription Opioid MisuseWHILE CLEARED	Regular	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Credited Acknowledgment and Remorse Documented Substance Treatment Ongoing
2.b	On at least three occasions in 2011 and 2012, Applicant stole his mother’s or his father’s Vicodin (hydrocodone) and then used the medication.	For Applicant	Prescription Opioid Misuse	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Credited Acknowledgment and Remorse Documented Substance Treatment Ongoing

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.