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ISCR Case ADP No. 23-01280 — CASE

Case record

ISCR Case ADP No. 23-01280

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

Case Profile
Decision Date8/30/2024
Statusgranted
LevelHEARING
TypeTRUSTWORTHINESS
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Cassie L. Ford
Case Summary
The applicant in this case was a 25-year-old employee of a defense contractor seeking a public trust position. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under the drug involvement and substance misuse guideline. The allegations included the applicant's use of marijuana, cocaine, LSD, hallucinogenic mushrooms, and prescription medication Adderall over several years, with some admissions of intent to use marijuana in the future.
During the hearing, the applicant admitted to the drug use allegations but provided explanations, claiming limited use of certain substances and expressing a commitment to abstain from illegal drugs since December 2022. He emphasized his personal growth and maturity, attributing his cessation of drug use to his college graduation. The applicant's parents testified in support of his character, highlighting his reliability and commitment to avoiding illegal substances.
The administrative judge ruled in favor of the applicant, granting eligibility for access to classified information or to hold a sensitive position. The judge found that the applicant had mitigated the concerns regarding drug involvement through his demonstrated honesty, sustained abstinence, and credible intentions to avoid future substance misuse. The judge considered the applicant's age, the nature of his past conduct, and the positive endorsements from family, concluding that granting eligibility was consistent with the national interest.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. ADP No. 23-01280

grantedAug 30, 2024· Hon. Roger C. Wesley· hearing

Summary

A 25-year-old defense contractor employee was granted a public trust position despite allegations of drug involvement and substance misuse under Guideline H. The applicant admitted to using marijuana, cocaine, LSD, hallucinogenic mushrooms, and misusing Adderall over several years, with all use reportedly ceasing by November 2022.

Specific allegations included marijuana use from Summer 2014 through November 2022, cocaine use from April 2018 through Summer 2020, LSD use from Spring 2019 through Spring 2020, hallucinogenic mushroom use from Summer 2021 through October 2022, and Adderall misuse from Winter 2017 through Spring 2022. Additionally, the applicant stated an intention to use marijuana in the future on e-QIP forms completed in February 2023. Disqualifying conditions 25(a) and 25(c) were raised.

However, the administrative judge applied mitigating condition 26(a), finding the applicant's commitments to abstain from illegal drug use since November 2022 to be credible and sincere. The judge emphasized the applicant's growth and maturity, supported by positive endorsements from family members, leading to the decision to grant eligibility.

Why the Applicant Prevailed

The applicant demonstrated credible commitments to abstain from illegal drug use since November 2022.
The judge found the applicant's assurances of sustained abstinence sincere and worthy of acceptance.
The applicant's positive endorsements from family members supported his claims of maturity and reliability.

Conditions Referenced

Disqualifying

DC ¶ 25(a)raisedAny Substance Misuse
DC ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

MC ¶ 26(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur or Does Not Cast Doubt on the Individual’s Current Reliability, Trustworthiness, or Good Judgment.

Key Rule Quoted

“Eligibility to hold a public trust position is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJul 6, 2023
Answer filedAug 25, 2023
Hearing heldAug 14, 2024
Decision dateAug 30, 2024

Cite For

Credibility of Applicant's Commitments to Abstain From Drug Use
Mitigation of Drug Involvement Concerns Under Guideline H
Whole-person Assessment in Security Clearance Decisions

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 H (Drug Involvement) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant had a history of drug involvement, including the use of marijuana, cocaine, LSD, hallucinogenic mushrooms, and the misuse of Adderall. However, the applicant's assurances of sustained abstinence and intentions to avoid illegal drugs in the future were deemed credible, leading to a decision to grant eligibility for a public trust position.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant allegedly used marijuana with varying frequency from Summer 2014 through November 2022.	For Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.b	Applicant allegedly used cocaine with varying frequency from April 2018 through Summer 2020.	For Applicant	CocaineWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.c	Applicant allegedly used LSD with varying frequency from Spring 2019 through Spring 2020.	For Applicant	LSDWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.d	Applicant allegedly used hallucinogenic mushrooms with varying frequency from Summer 2021 through October 2022.	For Applicant	PsilocybinWHILE CLEARED	Occasional	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.e	Applicant allegedly misused prescription medication Adderall with varying frequency from Winter 2017 through Spring 2022.	For Applicant	Prescription Stimulant MisuseWHILE CLEARED	Frequent	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented
1.f	Applicant stated his intention to use marijuana in the future on his electronic questionnaires for electronic processing (e-QIP) he completed in February 2023.	For Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	Claimed Explanation of Omission Credible

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.