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ISCR Case 23-00827 — CASE

Case record

ISCR Case 23-00827

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

Case Profile
Decision Date11/9/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Jeff A. Nagel
Case Summary
The applicant in this case was a 30-year-old employee of a defense contractor who had held a security clearance since shortly after his employment began in September 2016. The Department of Defense issued a Statement of Reasons (SOR) on May 31, 2023, citing security concerns under Guidelines H (Drug Involvement and Substance Misuse) and E (Personal Conduct). The core allegations included the applicant's admission to using marijuana in September 2021 and falsifying information on his security clearance applications regarding his drug use.
During the proceedings, the applicant admitted to smoking marijuana once in September 2021, which he claimed was a coping mechanism following the death of a friend at a party. He also acknowledged past use of marijuana and ecstasy but denied any intent to mislead on his security forms, stating uncertainty about the timing of his past drug use. The administrative judge found that the applicant's admissions established disqualifying conditions under both guidelines, as he had used illegal substances while holding a security clearance and had falsified information on his SF-86 forms.
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 noted that while the applicant was well-respected at work, the evidence raised doubts about his reliability and trustworthiness, ultimately determining that the applicant did not meet the necessary criteria for national security eligibility.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00827

deniedNov 9, 2023· Hon. Richard A. Cefola· hearing

Summary

A 30-year-old defense contractor employee was denied a security clearance under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The denial stemmed from admitted drug use and a pattern of falsification on security clearance applications.

Specifically, the applicant admitted to smoking marijuana in September 2021. On his February 2017 SF-86, he answered "No" to questions about illegal drug use within the last seven years, stating he was unsure if his past use of marijuana and ecstasy fell within that timeframe. He again answered "No" to the same question on his February 2022 SF-86, which was determined to be a willful falsification given his September 2021 marijuana use.

The judge concluded that the applicant's admitted drug use, including while holding a security clearance, and his lack of truthful disclosure on official forms significantly undermined his reliability and trustworthiness. These factors led to the denial of his security clearance.

Why the Applicant Was Denied

Applicant admitted to drug use, including marijuana in September 2021, while holding a security clearance.
Applicant falsified his security clearance applications by denying illegal drug use within the last seven years.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(f)appliedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)appliedDeliberate Omission or Falsification

Key Rule Quoted

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

Procedural Posture

SOR issuedMay 31, 2023
Answer filedJun 19, 2023
Hearing heldSep 13, 2023
Decision dateNov 9, 2023

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Falsification of Security Clearance Applications Under Guideline E
Importance of Truthful Disclosure in Security Clearance Applications

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: HearingDecided: denied

The judge found against the applicant on allegations of personal conduct related to falsification on security forms regarding illegal drug use. The applicant's responses on the SF-86 forms were deemed willfully false, as he had used marijuana in September 2021, which he failed to disclose. The applicant did not mitigate the concerns raised by his conduct, leading to a denied security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant answered, 'No,' to Section 23 on his February 2017 SF-86, as to 'Illegal Use of Drugs or Drug Activity . . . In the last seven (7) years,' as he 'honestly wasn't sure if it (past use of marijuana and ecstasy) was before the seven years or not.'	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Applicant answered, 'No,' to Section 23 on his February 2022 SF-86, as to 'Illegal Use of Drugs or Drug Activity . . . In the last seven (7) years.' This was a willful falsification since he had used it in September 2021.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—

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: HearingDecided: denied

The judge found that the applicant smoked marijuana once in September 2021, which occurred while he held a security clearance. This conduct raised security concerns under Guideline H, leading to a decision against the applicant. The judge concluded that the applicant failed to mitigate the drug involvement and substance misuse concerns, resulting in a denied security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant admits that he smoked marijuana once in September of 2021.	Against Applicant	MarijuanaWHILE CLEARED	Experimental	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	—	—

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.