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ISCR Case 23-00092 — CASE

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ISCR Case 23-00092

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

Case Profile
Decision Date2/2/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert E. Coacher
Government Counsel: Aubrey M. De Angelis
Applicant's Counsel: Jeffrey S. Gard
Case Summary
The applicant in this case was a 24-year-old mechanical engineering graduate who sought a security clearance from the Department of Defense (DOD). The Statement of Reasons (SOR) raised concerns under Guideline H regarding drug involvement and substance misuse, specifically alleging that the applicant used marijuana on multiple occasions in 2021, including after being granted access to classified information. Additionally, under Guideline E, the SOR alleged that the applicant provided false information on her security clearance application and during background interviews regarding her drug use.
The applicant admitted to the allegations of marijuana use but explained that her actions were influenced by personal circumstances, including a breakup. She claimed that her last use of marijuana was in July 2021 and stated that she no longer associates with drug-using individuals. Despite her admissions, the administrative judge found that the applicant's drug use occurred after she had been granted a security clearance and that her failure to disclose this information during interviews raised significant concerns about her reliability and trustworthiness.
Ultimately, the administrative judge ruled against the applicant, denying her eligibility for a security clearance. The judge concluded that the recency of the applicant's drug use, her dishonesty in failing to disclose it, and her lack of a formal written commitment to abstain from future drug use undermined her credibility and raised doubts about her judgment, thereby failing to mitigate the security concerns outlined in the SOR.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 23-00092

deniedFeb 2, 2024· Hon. Robert E. Coacher· hearing

Summary

A 24-year-old mechanical engineering graduate was denied a security clearance under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from her admitted marijuana use in 2021 and her provision of false information on her security clearance application and during subsequent background interviews.

Specifically, the applicant failed to disclose her illegal drug use on her March 2021 security clearance application. She also initially denied any illegal drug use during interviews on June 16, 2021, and July 27, 2021. Her marijuana use occurred from approximately February 2021 through March 2021, and again in July 2021, after she had been granted eligibility for access to classified information.

Despite supportive testimony from supervisors, the judge concluded that the applicant's actions raised significant doubts about her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to marijuana use in 2021, including after being granted a security clearance.
The applicant provided false information on her security clearance application and during background interviews.
The applicant's actions raised doubts about her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedAny Illegal Drug Use While Granted Access to Classified Information or Holding a Sensitive Position

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions Taken to Overcome the ProblemThe applicant's claimed recent abstinence was insufficient to convince the judge that recurrence was unlikely.
AG ¶ 26(a)rejectedBehavior Happened so Long Ago or Was InfrequentThe applicant's marijuana use was recent and occurred after she was granted a security clearance.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 4, 2023
Answer filedApr 10, 2023Date listed in SOR answer is incorrect.
Hearing heldNov 1, 2023Originally scheduled for October 31, 2023.
Decision dateFeb 2, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Denial of Security Clearance Due to Personal Conduct Under Guideline E
Impact of Providing False Information on 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 E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant deliberately provided false information on her security clearance application and during background interviews regarding her illegal drug use. The allegations were ruled against the applicant, leading to a denial of her security clearance eligibility.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately gave false information on her March 2021 security clearance application when she failed to disclose her illegal drug use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant gave false information during her June 16, 2021 and July 27, 2021, background interviews, when she initially denied any use of illegal drugs.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

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 used marijuana on two occasions, once from February to March 2021 and again in July 2021, after being granted a security clearance. The applicant's recent drug use and the fact that it occurred while holding a clearance raised concerns about her reliability and trustworthiness, leading to a denial of her security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana, with varying frequency, from about February 2021 through about March 2021.	Against Applicant	Marijuana	Occasional	Admitted	—	—	Claimed Abstinence Period Documented
1.b	Applicant used marijuana in about July 2021, after being granted eligibility for access to classified information.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	Claimed Abstinence Period Documented

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.