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ISCR Case 23-01148 — CASE

Case record

ISCR Case 23-01148

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

Case Profile
Decision Date12/28/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Mark W. Harvey
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 35-year-old software engineer employed by a defense contractor for 11 years. The Department of Defense (DoD) issued a Statement of Reasons (SOR) citing security concerns under Guideline H, related to drug involvement and substance misuse. The SOR detailed the applicant's history of illegal drug use, including marijuana, hallucinogenic mushrooms, cocaine, MDMA, Xanax, and LSD, spanning from 2002 to 2021.
During the proceedings, the applicant admitted to the allegations in the SOR and provided mitigating information. He expressed regret for his past drug use, stating that he had ceased all illegal drug use since 2021 and had made efforts to improve his lifestyle. He emphasized his commitment to a healthy lifestyle, including ending associations with drug-using peers and reducing alcohol consumption. Character references from his supervisor and friends highlighted his integrity and professional contributions.
The administrative judge ruled in favor of the applicant, concluding that the security concerns were mitigated. The judge found that the applicant's drug use occurred in the past and had ceased, and that he demonstrated a commitment to personal improvement and a healthy lifestyle. The judge determined that granting the applicant eligibility for access to classified information was consistent with national security interests.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-01148

grantedDec 28, 2023· Hon. Mark W. Harvey· hearing

Summary

A 35-year-old software engineer was granted eligibility for access to classified information despite a history of drug involvement under Guideline H. The Statement of Reasons detailed his use of marijuana from approximately August 2002 to July 2021, hallucinogenic mushrooms from August 2014 to July 2016, and cocaine from May 2015 to July 2018. Additionally, he used MDMA or ecstasy and LSD on at least one occasion in May 2016, and misused Xanax in October 2015. These actions raised disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c).

However, the judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant voluntarily disclosed his past drug use, expressed regret, and established a pattern of abstinence from illegal drugs since July 2021. He also demonstrated a commitment to a healthy lifestyle and distanced himself from drug-using associates.

The judge concluded that the applicant's past drug use did not undermine his current reliability and trustworthiness, leading to the granting of his security clearance.

Why the Applicant Prevailed

The applicant voluntarily disclosed his past drug use and expressed regret for his actions.
He has established a pattern of abstinence from illegal drugs since 2021.
The applicant's most recent drug use occurred in July 2021, and he has distanced himself from drug-using associates.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment and Actions Taken to Overcome Drug Involvement

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJun 7, 2023
Answer filedJun 14, 2023
Hearing heldSep 19, 2023as rescheduled
Decision dateDec 28, 2023

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Voluntary Disclosure in Security Clearance Cases
Whole-person Concept in Adjudicating Security Clearance Eligibility

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: granted

The judge found that the applicant had used various illegal drugs, including marijuana, hallucinogenic mushrooms, cocaine, MDMA, Xanax, and LSD, over a span of years. However, the applicant demonstrated a sufficient pattern of abstention from illegal drugs, and the judge concluded that the security concerns were mitigated, resulting in a decision to grant eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about August 2002 to about July 2021.	For Applicant	Marijuana	Occasional	Admitted	—	—	Claimed Acknowledgment and Remorse
1.b	Applicant used hallucinogenic mushrooms with varying frequency from about August 2014 to about July 2016.	For Applicant	Psilocybin	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.c	Applicant used cocaine with varying frequency from about May 2015 to about July 2018.	For Applicant	Cocaine	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.d	Applicant used MDMA or ecstasy on at least one occasion on approximately May 2016.	For Applicant	MDMA	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.e	Applicant misused the prescription medication, Xanax, which was not prescribed to him, on at least one occasion in approximately October 2015.	For Applicant	Benzodiazepine Misuse	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse
1.f	Applicant used LSD on at least one occasion in approximately May 2016.	For Applicant	LSD	Experimental	Admitted	—	—	Claimed Acknowledgment and Remorse

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.