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ISCR Case 23-00662 — CASE

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ISCR Case 23-00662

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

Case Profile
Decision Date9/7/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Adrienne M. Driskill
Case Summary
The applicant in this case was a 24-year-old mechanical engineer employed by a defense contractor, who applied for a security clearance on October 6, 2022. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline E (Personal Conduct). The allegations included the applicant's history of illegal marijuana use, which began in high school and escalated to daily use during college, as well as his failure to disclose this behavior to his employer.
In his response to the SOR, the applicant admitted to the allegations regarding his drug use and personal conduct but claimed to have ceased marijuana use in September 2022 and expressed a desire to avoid future use. However, he did not provide a signed statement of intent to abstain from drug use or evidence of disassociating from drug-using associates. The administrative judge noted the lack of sufficient mitigating evidence and the applicant's continued failure to demonstrate reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, denying his eligibility for a security clearance. The decision was based on the applicant's significant history of drug involvement, his lack of proactive measures to mitigate the concerns, and the overarching need to ensure national security interests. The judge emphasized that the applicant's behavior raised questions about his judgment and compliance with laws, which are critical factors in security clearance determinations.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00662

deniedSep 7, 2023· Hon. Robert Robinson Gales· hearing

Summary

A 24-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to illegal marijuana use, which was his substance of choice, and resumed daily use after being hired by his current employer. This conduct raised questions about his judgment and willingness to comply with regulations.

The denial was based on the applicant's failure to provide verifiable proof of abstinence from drug use or a signed statement of intent to abstain. He also did not demonstrate disassociation from drug-using associates. While a mitigating condition was considered, the applicant's history of temporary abstinence ultimately raised doubts about his reliability and trustworthiness.

The judge concluded that granting a security clearance was not consistent with the national interest, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to illegal marijuana use and failed to provide evidence of rehabilitation.
He did not submit a signed statement of intent to abstain from drug use or verifiable proof of disassociating from drug-using associates.
The applicant's history of temporary abstinence raised doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability

Mitigating

AG ¶ 26(b)appliedAcknowledgment of Drug Involvement

Key Rule Quoted

“No one has a ‘right’ to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedApr 5, 2023
Answer filedApr 6, 2023Elected to have case decided on written record.
Hearing held—No hearing; decision based on written record.
Decision dateSep 7, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Failure to Demonstrate Rehabilitation or Commitment to Abstain From Drug Use
Consideration of Personal Conduct Under Guideline E Leading to Security Concerns.

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 against the applicant on the personal conduct allegation, determining that the applicant's conduct involved questionable judgment and a failure to comply with rules and regulations. The applicant's history of marijuana use and lack of transparency regarding this conduct contributed to the decision to deny security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant's conduct involves questionable judgment and unwillingness to comply with rules and regulations.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—

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 was an illegal substance user whose substance of choice was marijuana, resuming daily use after being hired. The applicant failed to provide verifiable proof of abstinence from drug use. The outcome was a denial of eligibility for a security clearance due to these concerns.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant was an illegal substance user whose substance of choice was marijuana.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	Applicant resumed daily use of marijuana after being hired by his current employer.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant failed to provide verifiable proof of abstinence from drug use.	Against Applicant	Unspecified Drug InvolvementWHILE CLEARED	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.