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ISCR Case 23-00350 — CASE

Case record

ISCR Case 23-00350

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

Case Profile
Decision Date10/18/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Braden M. Murphy
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 26-year-old former Navy service member who sought a security clearance. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing security concerns under Guideline H (drug involvement and substance misuse) and Guideline F (financial considerations), while concerns under Guideline E (personal conduct) were not established. The core allegations included the applicant's use of Tetrahydrocannabinol (THC) on multiple occasions and his failure to resolve delinquent debts totaling $10,803.
The applicant admitted to using THC and acknowledged his delinquent debts, although he denied knowingly consuming THC, claiming he believed he was vaping nicotine. He was discharged from the Navy after testing positive for THC and faced non-judicial punishment. Regarding his financial issues, he did not disclose any debts on his security clearance application, asserting a lack of understanding of the questions. He did not provide any evidence of debt resolution or mitigation during the proceedings.
The administrative judge ruled to deny the applicant's eligibility for access to classified information, citing established security concerns under the relevant guidelines. The judge noted the applicant's admissions and lack of mitigating evidence, emphasizing the importance of reliability and trustworthiness in individuals granted access to classified information. The decision underscored that any doubts regarding security eligibility should be resolved in favor of national security.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against 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. 23-00350

deniedOct 18, 2023· Hon. Braden M. Murphy· hearing

Summary

A 26-year-old Navy veteran was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The applicant admitted to using Tetrahydrocannabinol (THC) on several occasions between November 2021 and February 2022, which resulted in a positive drug test and his subsequent discharge from the Navy.

Additionally, the applicant had unresolved delinquent debts totaling $10,803. These included a charged-off account with a bank and a charged-off credit card account. While one debt was resolved, the applicant did not provide evidence of repayment or resolution for the remaining delinquent debts. He denied deliberately failing to disclose debts on his Security Clearance Application (SCA) and also denied a specific delinquent debt allegation.

Ultimately, the judge concluded that the applicant did not meet the burden of proof for security clearance eligibility, as he failed to provide sufficient evidence of rehabilitation or debt resolution. The denial was based on his admitted THC use while in the Navy and the outstanding financial obligations.

Why the Applicant Was Denied

The applicant admitted to using THC on multiple occasions while in the Navy, leading to his discharge.
He has unresolved delinquent debts totaling $10,803, with no evidence of repayment or resolution provided.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedDrug Involvement
AG ¶ 25(b)raisedTesting Positive for an Illegal Drug
AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Key Rule Quoted

“No one has a right to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMar 31, 2023
Answer filedApr 28, 2023
Hearing held—Applicant waived his right to a hearing.
Decision dateOct 18, 2023

Cite For

Security Concerns Under Guidelines H and F Due to Drug Involvement and Financial Issues
Failure to Provide Evidence of Rehabilitation or Debt Resolution
The Burden of Proof for Security Clearance Eligibility Rests with the Applicant.

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 did not deliberately fail to disclose his delinquent debts on his security clearance application. However, the applicant's drug involvement and delinquent debts raised significant personal conduct concerns. Ultimately, the judge ruled against the applicant on these allegations, leading to a denied security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Cross-allegation of drug involvement and delinquent debts.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—
3.b	Applicant denied deliberately failing to disclose debts on his SCA.	For Applicant	Omission or Failure to Disclose	Financial	Denied	—	—	—

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 F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant had multiple delinquent debts totaling $10,803, which he admitted but failed to resolve. While one debt was noted as resolved, the overall financial situation was deemed a security concern, leading to a decision against the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant has delinquent debts totaling $10,803. $10,803	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.b	Applicant has not resolved his delinquent debts.	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.c	Applicant denied the allegation of a specific delinquent debt.	Against Applicant	Unspecified Financial	Denied	—	—	—
2.d	Applicant has a charged-off account with a bank.	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.e	Applicant has a charged-off credit card account.	Against Applicant	Credit Card Debt	Admitted	—	—	—
2.f	One of the debts has been resolved.	For Applicant	Unspecified Financial	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). 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 that the applicant used Tetrahydrocannabinol (THC) on several occasions and tested positive for THC, leading to his discharge from the Navy. The formal findings were against the applicant on both allegations, resulting in a denied security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used Tetrahydrocannabinol (THC) on several occasions between November 2021 and February 2022.	Against Applicant	Marijuana	Occasional	Admitted	—	—	—
1.b	Applicant tested positive for THC and was discharged from the Navy.	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—

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.