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ISCR Case 22-01764 — CASE

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ISCR Case 22-01764

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

Case Profile
Decision Date3/29/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Marc E. Curry
Government Counsel: Sakeena Farhath
Case Summary
The applicant in this case was a 41-year-old single man employed as a painter for a defense contractor. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline H (drug involvement), Guideline J (criminal conduct), and Guideline F (financial considerations). The core allegations included the applicant's marijuana use, a 2019 DUI arrest, and approximately $9,000 in unpaid delinquent debt.
During the proceedings, the applicant admitted to the allegations regarding his marijuana use and DUI but expressed an intention to continue using marijuana, which he claimed was for anxiety management. He had not sought medical treatment for his anxiety and had not taken steps to address his delinquent debts, attributing his procrastination to a lack of urgency. The administrative judge found that while the applicant mitigated the concerns related to his DUI due to compliance with court orders and the absence of further offenses, he failed to mitigate the concerns regarding his drug use and financial issues.
Ultimately, the administrative judge ruled against the applicant on the drug involvement and financial considerations, concluding that his ongoing marijuana use and lack of action to resolve his debts raised significant doubts about his reliability and trustworthiness. The judge determined that granting security clearance was not consistent with national security interests, resulting in a denial of eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · For Applicant
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Case Headnote

ISCR Case No. 22-01764

deniedMar 29, 2024· Hon. Marc E. Curry· hearing

Summary

A 41-year-old single man, employed as a painter, was denied a security clearance based on Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant admitted to the allegations, which included ongoing marijuana use and approximately $9,000 in unresolved delinquent debt.

While a past DUI conviction was mitigated due to the time elapsed and compliance with court orders, the applicant's current marijuana use and stated intent to continue using it were significant concerns. Additionally, his failure to address the delinquent debt indicated poor judgment and self-control.

A key factor in the denial was the applicant's expressed lack of interest in obtaining a security clearance, which raised doubts about his reliability and trustworthiness, essential qualities for national security.

Why the Applicant Was Denied

The applicant's marijuana use was ongoing and he expressed intent to continue using it in the future.
The applicant failed to take steps to resolve approximately $9,000 in delinquent debt, indicating poor judgment and self-control.
The applicant's lack of interest in obtaining a security clearance raised concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 25(a)raisedAny Substance Abuse
AG ¶ 25(g)raisedExpressed Intent to Continue Drug Involvement

Mitigating

AG ¶ 32(a)appliedTime Elapsed Since Criminal Behavior
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation

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 issuedDec 30, 2022
Answer filed—Applicant admitted allegations.
Hearing heldFeb 21, 2024Rescheduled after initial failure to appear.
Decision dateMar 29, 2024

Cite For

Ongoing Marijuana Use as a Disqualifying Factor Under Guideline H
Delinquent Debt Impacting Security Clearance Eligibility Under Guideline F
Lack of Interest in Obtaining a Security Clearance Affecting Reliability Assessments.

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 F · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant has approximately $9,000 of delinquent debt and failed to take steps to satisfy these debts, which raised significant security concerns under Guideline F. Ultimately, the judge ruled against the applicant on these financial considerations, denying the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant has approximately $9,000 of delinquent debt and has taken no steps to satisfy these debts. $9,000	Against Applicant	Unspecified Financial	Admitted	—	—	—
3.b–3.e	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). 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's marijuana use raised significant security concerns, particularly given his stated intent to continue using marijuana in the future. The applicant's history of drug involvement was not mitigated, leading to a denial of security clearance eligibility.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant's marijuana use raises security concerns.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	(a) any substance misuse (g) expressed intent to continue, or failure to commit to discontinue	—	—
1.b	specific text not stated in this decision	Against Applicant	Unspecified Drug Involvement	Unspecified	Unknown	—	—	—

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 that the applicant's DUI conviction was mitigated due to the time elapsed and compliance with court orders. However, the overall security concerns related to the applicant's marijuana use and financial issues were not mitigated, leading to a denial of the security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant's DUI conviction was mitigated due to time elapsed and compliance with court orders.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(b) evidence of criminal conduct, regardless of charge or conviction	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	Credited Passage of Time Credited Rehabilitation Evidence

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.