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ISCR Case 23-00506 — CASE

Case record

ISCR Case 23-00506

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

Case Profile
Decision Date10/26/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Darlene Lokey Anderson
Government Counsel: Aubrey M. De Angelis
Case Summary
Applicant, a 44-year-old married defense contractor employed as an Aircraft Structures Mechanic, sought a security clearance after submitting an application on July 29, 2022. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on March 13, 2023, citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline J (Criminal Conduct). The allegations included long-term marijuana use beginning at age 13, methamphetamine use from 2017 to 2018, and multiple criminal offenses, including driving under the influence and larceny.
During the proceedings, Applicant admitted to the drug use and criminal history but asserted that he had ceased using marijuana in April 2022 and had stopped using methamphetamines prior to that. He claimed that his current employment motivated him to change his lifestyle and that he no longer associates with drug users. The administrative judge considered the evidence presented, including the Applicant's testimony and his efforts to rehabilitate, but ultimately found that the mitigating factors were insufficient. The judge noted the Applicant's lengthy history of substance abuse and concluded that he had not demonstrated a sufficient period of sobriety or a consistent pattern of abstinence to warrant a favorable decision. Consequently, the judge denied the security clearance application.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00506

deniedOct 26, 2023· Hon. Darlene Lokey Anderson· hearing

Summary

A 44-year-old defense contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The applicant had a history of marijuana use from age 13 in 1992 until April 2022, initially using it regularly and later obtaining a medical marijuana card. He also used methamphetamines from October 2017 to May 2018, initially to cope with the responsibilities of impending fatherhood, and sometimes with family members.

His criminal record included multiple arrests and convictions. In March 2017, he was arrested for possession of illegal drugs, specifically methamphetamine and a pipe. He had four prior driving under the influence (DUI) related incidents: in August 2014 for marijuana, in February 2015 for driving on a suspended license (violating probation from the 2014 DUI), in September 2007 for alcohol, and in March 2004 for cannabis possession while driving with a suspended license. Additionally, in November 1999, he was convicted of larceny for stealing cassette tapes.

Despite the applicant's stated efforts to abstain from drugs and improve his life for his family, the administrative judge found insufficient evidence of sustained rehabilitation. With only a little over a year of sobriety since his last drug use, his long history of drug involvement and criminal conduct, coupled with a pattern of poor judgment, led to the denial of his security clearance application.

Why the Applicant Was Denied

The applicant has a long history of drug use and criminal conduct, including multiple DUIs and drug possession.
Insufficient evidence of sustained rehabilitation was presented, with only a little over a year of sobriety since his last drug use.
The applicant's past pattern of poor judgment raises doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 30raisedCriminal Conduct

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedMar 13, 2023
Answer filedApr 7, 2023
Hearing heldSep 27, 2023
Decision dateOct 26, 2023

Cite For

Insufficient Evidence of Sustained Rehabilitation Under Guideline H
Long History of Drug Use and Criminal Conduct Impacting Security Clearance Eligibility
Doubts Regarding Reliability and Trustworthiness Due to Past Behavior

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: denied

The judge found that the applicant's history of marijuana and methamphetamine use raised significant concerns regarding his reliability and trustworthiness. Despite some claims of mitigation related to family responsibilities and employment, the judge concluded that the applicant failed to sufficiently address the security concerns, resulting in a denial of his application for a security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant started using marijuana in 1992, at the early age of 13 while in middle school, mainly on the weekends. By high school he was using marijuana a few times during the week and during the weekends. After high school, Applicant was using marijuana on a regular basis, several times during the week and on the weekends. Applicant stated that his friends would sell it to him, until he got his medical marijuana card, and then he purchased it at a dispensary. He continued to use marijuana at this frequency until about April 2022, when he was hired by his current employer. He explained that it took him about eight months from the date he applied to the date he was hired. He stated that he started tapering off his use of marijuana in December 2021, and he last used it in April 2022. Applicant stated that his employment with a defense contractor has inspired him to stop using marijuana or any other illegal drug in the future.	Against Applicant	Marijuana	Regular	Admitted	—	—	Claimed Other
1.b	Applicant also used methamphetamines from about October 2017 to May 2018. He explained that when he learned that he was going to be the father of twin daughters with lots of responsibility going forward, he thought that using methamphetamines could help him accomplish his many tasks. He knew that one of his friends used it and so he purchased it from his friend, first on a monthly basis, and then weekly. He normally used methamphetamines by himself, but he has used it with his family members including his cousin, who has now stopped using it, and his brother-in-law, who died of a heroin overdose. After his twins were born, Applicant realized that he should stop using it before he is unable to stop. Applicant's wife does not use methamphetamines.	Against Applicant	Methamphetamine	Regular	Admitted	—	—	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on all allegations related to criminal conduct, including multiple instances of driving under the influence and possession of illegal drugs. The applicant's history of substance misuse and criminal behavior raised significant concerns about his judgment and reliability, leading to the denial of his security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In March 2017, Applicant was arrested and charged with possession of illegal drugs. Applicant explained that he was on his way home from work and went to get gas. He was driving away from the gas station when the police pulled him over. Applicant had been smoking methamphetamine and had a pipe in his cup holder. The officer searched the vehicle, found the pipe, and arrested the Applicant.	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Denied	—	—	—
2.b	In August 2014, Applicant was arrested and charged with driving under the influence of marijuana. He pled guilty, and was sentenced to probation and required to complete a rehabilitation program. This was Applicant's second offense for driving under the influence. Applicant's license was suspended for about one year as a result of this arrest.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	—	—	—
2.c	In February 2015, Applicant was arrested for driving on a revoked or suspended license due to driving under the influence, which violated the terms of probation imposed as a result of the October 2014 conviction for driving under the influence of drugs. He was sentenced to 36 months of probation and 10 days in jail that he served in June 2015. Applicant violated the terms of this probation.	Against Applicant	Probation or Court Order Violation	Convicted	Denied	—	—	—
2.d	In September 2007, Applicant was convicted of driving under the influence of alcohol. He was sentenced to 36 months of probation, required to attend a three-month alcohol and drug education and counseling program, and required to pay a fine. He was alternatively permitted to serve 13 days in jail in lieu of the fine. Applicant explained that he had gone out to several bars drinking with his cousin.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	—	—	—
2.e	In March 2004, Applicant was arrested for having a receptacle containing cannabis or having cannabis products in his possession while driving, failure to provide proof of financial responsibility, failure to properly restrain passengers, and driving while his license was suspended or revoked. The day of his arrest, Applicant was stopped and had marijuana in his car.	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Denied	—	—	—
2.f	In November 1999, Applicant was convicted of Larceny. Applicant explained that he had been out of high school for about two years or so when he was caught stealing some cassette tapes from a record store. He was required to perform eight days of community service and pay a fine.	Against Applicant	Theft or Larceny	Convicted	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.