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ISCR Case 22-02474 — CASE

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ISCR Case 22-02474

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

Case Profile
Decision Date3/11/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert Robinson Gales
Government Counsel: William H. Miller
Applicant's Counsel: Alex Berg
Case Summary
The applicant in this case was a 41-year-old CEO of a defense contractor who sought a security clearance after previously holding a secret clearance. 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 SOR alleged that the applicant had used marijuana from September 2009 until at least November 2022, including during a sensitive position, and had been charged with possession of marijuana.
During the proceedings, the applicant admitted to using marijuana intermittently and acknowledged a past charge of possession, which was later expunged. He claimed that his use was primarily to cope with PTSD symptoms stemming from his military service. However, he also indicated that he had not made efforts to cease or reduce his marijuana use and admitted to using it as recently as November 2022. The applicant's testimony included inconsistencies regarding the frequency of his marijuana use and his understanding of its legality, as he continued to use it despite knowing it was federally illegal.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his drug use and personal conduct. The judge noted the applicant's lack of a credible plan to stop using marijuana and the potential risks associated with his continued use, particularly in a sensitive position. Consequently, the applicant's eligibility for a security clearance 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. 22-02474

deniedMar 11, 2024· Hon. Robert Robinson Gales· hearing

Summary

A 41-year-old defense contractor and former U.S. Army captain was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from admitted marijuana use while holding a sensitive position and a stated intent to continue use.

The Statement of Reasons included allegations that the applicant used marijuana from approximately September 2009 until at least November 2022, including while in a sensitive role, and intended to continue its use. He was also charged with Possession of Marijuana in September 2009. Furthermore, the applicant provided "no" responses to questions on a security questionnaire regarding arrests in the last seven years and illegal drug use in the last year, despite the admitted marijuana use and charge.

The denial was based on the applicant's admitted marijuana use in a sensitive position, which raised doubts about his reliability and trustworthiness. The judge found significant inconsistencies in his statements about the frequency and recency of his drug use, undermining his credibility. The applicant also failed to demonstrate a clear and convincing commitment to discontinue marijuana use, acknowledging potential future use for PTSD.

Why the Applicant Was Denied

The applicant admitted to marijuana use while holding a sensitive position, raising concerns about reliability and trustworthiness.
Inconsistencies in the applicant's statements regarding the frequency and recency of marijuana use undermined his credibility.
The applicant failed to demonstrate a clear and convincing commitment to discontinue marijuana use, despite acknowledging its potential future use for PTSD.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance
AG ¶ 25(f)appliedIllegal Drug Use While Holding a Sensitive Position
AG ¶ 25(g)appliedIntent to Continue Drug Involvement
AG ¶ 16(a)appliedDeliberate Omission or Falsification

Key Rule Quoted

“"A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedDec 30, 2022
Answer filedJan 27, 2023Requested a hearing.
Hearing heldFeb 12, 2024Conducted as scheduled.
Decision dateMar 11, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Inconsistencies in Applicant's Statements Affecting Credibility
Failure to Demonstrate Commitment to Abstain From Illegal Drug Use

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 that the applicant provided false information on his security clearance application regarding his police record and illegal drug use. The applicant's denials were not accepted, leading to a decision against him under Guideline E.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	In response to a question in Section 20 – Your Police Record: In the last seven years, have you been arrested for, charged with, or convicted of any offense(s)?, he answered 'no.'	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	In response to a question in Section 23 – Illegal Use of Drugs: In the last year, have you illegally used any controlled substance, for example, marijuana, cocaine, etc.?, he answered 'no.'	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	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: HearingDecided: denied

The judge found against the applicant on allegations of marijuana use and possession. The applicant admitted to using marijuana while holding a sensitive position and expressed an intention to continue its use, which contributed to the denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	From about September 2009 until at least November 2022, you used marijuana with varying frequency, including use while holding a sensitive position. You intend to continue to use marijuana in the future.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b	In about September 2009, you were charged with Possession of Marijuana.	Against Applicant	Drug Possession with Intent	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.