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ISCR Case 23-00543 — CASE

Case record

ISCR Case 23-00543

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

Case Profile
Decision Date12/4/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Carroll J. Connelley
Case Summary
The applicant in this case was a 45-year-old individual with a bachelor's degree and a master's degree, who had been employed by a federal contractor since 2013 and held a security clearance since approximately 2011. 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 his marijuana use on multiple security clearance applications and the assertion that he had falsified information regarding his drug use while holding a security clearance.
The applicant admitted to using marijuana infrequently from 1996 to 2014, primarily for joint pain related to long-distance running. He denied the allegations of falsification but acknowledged that he did not report his marijuana use on his most recent SF 86, claiming it was unintentional and based on his belief that he only needed to disclose use within the past seven years. The applicant provided a timeline of his drug use and expressed regret for the omissions, attributing them to evolving perceptions of cannabis and CBD.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to drug involvement and personal conduct. The judge found that the applicant's admissions and explanations did not sufficiently address the allegations of falsification and the ongoing concerns regarding his past drug use while holding a security clearance. Consequently, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00543

deniedDec 4, 2023· Hon. Carol G. Ricciardello· hearing

Summary

A 45-year-old federal contractor with a master's degree was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from the applicant's admitted marijuana use while holding a security clearance, as well as inconsistent statements provided during the investigation.

Specifically, the applicant was alleged to have falsified his October 2022 SF 86 by failing to disclose marijuana use while possessing a security clearance, and to have deliberately falsified material facts during a July 2023 personal subject interview. Furthermore, the applicant admitted to using marijuana with varying frequency from approximately 1996 to July 2020, and infrequently between 2012 and 2014, all while granted access to classified information.

The judge ultimately found the applicant's explanations regarding his drug use and omissions on security forms not credible, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana while holding a security clearance.
The applicant provided inconsistent statements regarding his drug use history.
The judge found the applicant's explanations regarding his drug use and omissions on security forms not credible.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMay 10, 2023
Answer filedMay 18, 2023
Hearing held—Decided on the written record.
Decision dateDec 4, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Failure to Mitigate Personal Conduct Concerns Under Guideline E
Inconsistencies in Applicant's Statements Regarding Drug Use and Security Forms

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 falsified his SF-86 by failing to disclose marijuana use and also deliberately falsified material facts during a personal interview. Both allegations were ruled against the applicant, leading to a denied security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant falsified his October 2022 SF 86 when he failed to disclose his marijuana use while possessing a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
2.b	Applicant deliberately falsified material facts during a personal subject interview conducted in July 2023.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	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 H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant used marijuana with varying frequency from about 1996 to July 2020 while holding a security clearance, which was a significant concern under Guideline H. However, the judge determined that the evidence was insufficient to conclude that the applicant had access to classified information during all instances of marijuana use. The overall outcome was a denial of the application.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about 1996 to July 2020 while granted access to classified information.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Denied	—	—	—
1.b	Applicant used marijuana infrequently between 2012 and 2014 while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Denied	—	—	Claimed Other

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.