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ISCR Case 23-00269 — CASE

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ISCR Case 23-00269

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

Case Profile
Decision Date5/10/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Robert E. Coacher
Government Counsel: Aubrey M. De Angelis
Applicant's Counsel: Melissa L. Watkins
Case Summary
The applicant in this case was a 29-year-old individual with a background in aerospace engineering and a current pursuit of a master's degree in computer science. He held a security clearance since 2017 and was serving as a captain in the U.S. Army Reserve. 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 allegations included the use of marijuana, psilocybin mushrooms, and MDMA while having access to classified information.
The applicant admitted to the drug use allegations, explaining that his marijuana use occurred from August 2020 to January 2021, while he had access to classified information but was not working on a DOD program at the time. He characterized his use of mushrooms and ecstasy as poor decisions made in social situations. He expressed remorse and acknowledged a lack of judgment, stating he had no intention of using illegal substances in the future. The applicant also completed a drug awareness program after the SOR was issued and provided character references from supervisors and peers who attested to his reliability and integrity.
The administrative judge ruled that the applicant successfully mitigated the concerns under Guideline H but failed to mitigate the concerns under Guideline E. The judge concluded that the applicant's past drug use, particularly while holding a security clearance, raised significant questions about his judgment and reliability, leading to a denial of his eligibility for a security clearance.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-00269

deniedMay 10, 2024· Hon. Robert E. Coacher· hearing

Summary

A 29-year-old defense contractor and Army Reserve captain was denied a security clearance due to unmitigated concerns under Guideline E (Personal Conduct). The applicant also faced concerns under Guideline H (Drug Involvement), but these were successfully mitigated.

The Statement of Reasons detailed three allegations, all cross-alleged under Guideline E. These included the use of marijuana/THC from approximately August 2020 to at least January 2021, psilocybin mushrooms twice in about July 2020, and MDMA (ecstasy) in about August 2019. All instances of drug use occurred while the applicant held eligibility for or access to classified information.

While the applicant’s infrequent drug use and completion of a drug awareness program mitigated the Guideline H concerns, the personal conduct issues remained. The decision cited the applicant's past drug use while holding a security clearance as evidence of poor judgment and reliability, leading to the denial of the security clearance.

Why the Applicant Prevailed

The applicant mitigated security concerns under Guideline H related to drug involvement due to infrequent use and completion of a drug awareness program.

Conditions Referenced

Disqualifying

AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago or Was Infrequent
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Actions Taken to Overcome the Problem

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 28, 2023
Answer filedJun 5, 2023
Hearing heldJan 23, 2024
Decision dateMay 10, 2024

Cite For

Denial of Security Clearance Due to Personal Conduct Under Guideline E
Mitigation of Drug Involvement Under Guideline H
Importance of Past Drug Use While Holding a Security Clearance

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 the personal conduct concerns under Guideline E, specifically regarding the cross-allegations of drug use. The applicant's admitted drug involvement raised questions about his judgment and created vulnerabilities, leading to a denial of his security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	All three allegations were cross-alleged under Guideline E.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	—	—	—

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, psilocybin mushrooms, and MDMA while holding a security clearance. Although the applicant's drug use was infrequent and somewhat remote, the judge concluded that the applicant's conduct raised questions about his judgment and suitability for a security clearance, resulting in a denied outcome.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana/THC, with varying frequency, from about August 2020 until at least January 2021, while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.b	Applicant used psilocybin mushrooms twice in about July 2020, while granted eligibility for access to classified information.	For Applicant	PsilocybinWHILE CLEARED	Experimental	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse
1.c	Applicant used MDMA (ecstasy) in about August 2019, while granted access to classified information.	For Applicant	MDMAWHILE CLEARED	Experimental	Admitted	—	(b) acknowledges involvement; evidence of action; established abstinence	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.