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ISCR Case 23-00754 — CASE

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ISCR Case 23-00754

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

Case Profile
Decision Date2/20/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Edward W. Loughran
Government Counsel: Aubrey M. De Angelis
Case Summary
The applicant in this case was a 61-year-old employee of a defense contractor who had held a security clearance since approximately 2004. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guidelines D (sexual behavior), E (personal conduct), and H (drug involvement and substance misuse). The core allegations included the applicant's involvement in extramarital sexual encounters and his use of marijuana, which he acknowledged was illegal under federal law.
During the proceedings, the applicant admitted to engaging in a series of extramarital sexual encounters and using marijuana, which he linked to his childhood trauma and subsequent diagnosis of complex post-traumatic stress disorder (PTSD). He reported that he had stopped using marijuana and had not engaged in extramarital activities since informing his wife about these issues. The applicant provided evidence of his participation in various support groups and therapy, indicating efforts to address his past behaviors.
The administrative judge ruled that the applicant had mitigated the concerns under Guideline D but did not mitigate the concerns under Guidelines E and H. The judge concluded that the applicant's past drug use and personal conduct raised significant questions about his reliability and trustworthiness, ultimately denying his eligibility for access to classified information. The decision emphasized the importance of maintaining national security and the applicant's failure to sufficiently demonstrate a change in behavior regarding substance misuse.
Guidelines Evaluated
- Guideline DSexual Behavior · For Applicant
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-00754

deniedFeb 20, 2024· Hon. Edward W. Loughran· hearing

Summary

A 61-year-old defense contractor was denied a security clearance due to unmitigated concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). While concerns related to Guideline D (Sexual Behavior) were mitigated, the applicant's personal conduct and drug involvement issues remained unresolved.

The Statement of Reasons detailed several allegations, including the applicant's engagement in extramarital sexual encounters, the full extent of which his spouse was unaware. Additionally, the applicant used marijuana while holding a security clearance and was arrested for DUI with marijuana in the vehicle. These actions raised disqualifying conditions under Adjudicative Guidelines ¶ 16(c) and ¶ 16(e).

Despite taking steps to address some personal conduct issues, the applicant's illegal drug use while holding a security clearance demonstrated questionable judgment and reliability. Consequently, the applicant did not successfully mitigate the security concerns under Guidelines E and H, leading to the denial of his eligibility for access to classified information.

Why the Applicant Prevailed

Applicant mitigated security concerns under Guideline D related to sexual behavior.

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 ¶ 14(b)appliedBehavior Unlikely to Recur
AG ¶ 14(c)appliedBehavior No Longer Serves as a Basis for Coercion

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 5, 2023
Answer filedJun 12, 2023
Hearing heldJan 19, 2024
Decision dateFeb 20, 2024

Cite For

Mitigation of Sexual Behavior Concerns Under Guideline D
Impact of Illegal Drug Use on Security Clearance Eligibility
Consideration of Personal Conduct Under Guideline E

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 D (Sexual Behavior) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant engaged in extramarital sexual encounters and that his spouse was unaware of the full extent of these encounters. Although the applicant's conduct was not deemed criminal, the judge ultimately ruled against the applicant, denying eligibility for access to classified information.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	Applicant engaged in extramarital sexual encounters.	For Applicant	Extramarital Relationship with Coercion Risk	Admitted	—	—	Claimed Other
2.b	Applicant's spouse is unaware of the full extent of his extramarital encounters.	For Applicant	Extramarital Relationship with Coercion Risk	Admitted	—	—	Claimed Other

Descriptive standardized rendering of a decided public case (Guideline D). The verbatim source decision is shown in full below.

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 allegations under Guideline E. Specifically, the applicant's marijuana use was deemed to reflect questionable judgment, while steps taken to address personal conduct issues were acknowledged but not sufficient to mitigate concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant's marijuana use reflects questionable judgment.	Against Applicant	Questionable Judgment General	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
3.b	Applicant has taken steps to address his personal conduct issues.	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	Claimed Other

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 while holding a security clearance and being arrested for DUI with marijuana in the vehicle. The applicant's eligibility for access to classified information was denied due to these findings.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana while holding a security clearance.	Against Applicant	MarijuanaWHILE CLEARED	Unspecified	Denied	—	—	—
1.b	Applicant was arrested for DUI with marijuana in the vehicle.	Against Applicant	Drug Test FailureWHILE CLEARED	Not Applicable	Denied	—	—	—
1.c–1.d	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified		—	—	—

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.