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ISCR Case 23-01301 — CASE

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ISCR Case 23-01301

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

Case Profile
Decision Date8/27/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Brian L. Farrell
Case Summary
the allegations against him involved security concerns under Guideline H, related to drug involvement and substance misuse, and Guideline E, concerning personal conduct. The Statement of Reasons (SOR) indicated that the applicant had failed to disclose his illegal drug use and had been arrested for possession of marijuana and unlawfully carrying a weapon.
The applicant, a 28-year-old federal contractor with a bachelor's degree, admitted to using marijuana socially from 2016 to December 2022, including an incident on New Year’s Eve 2022. He acknowledged his arrest in January 2021 for possession of marijuana and a weapons charge, which were later dismissed. Despite his claims of having taken steps toward rehabilitation and abstaining from drug use, he provided inconsistent statements regarding his drug use and failed to report his arrest to his security officer in a timely manner. The administrative judge found his explanations for the omissions on his security clearance applications to be vague and unconvincing.
The administrative judge ruled against the applicant, concluding that he had not sufficiently mitigated the security concerns related to his drug involvement and personal conduct. The judge noted the applicant's lack of candor in his disclosures and the pattern of falsification in his security clearance applications, ultimately denying his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 23-01301

deniedAug 27, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 28-year-old federal contractor was denied a security clearance due to concerns under Guideline H (Drug Involvement) and Guideline E (Personal Conduct). The applicant admitted to using marijuana multiple times from approximately 2016 to at least December 2022, including after receiving a security clearance. He was also charged with marijuana possession in January 2021.

Further, the applicant deliberately falsified information on his January 2018 and June 2022 security clearance applications. He claimed to have used marijuana only once in 2013 and denied any illegal drug use within the preceding seven years, despite his ongoing use.

The judge found the applicant's explanations for these omissions and falsifications to be vague and unconvincing. Consequently, the judge determined that the applicant's actions raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana multiple times from 2016 to December 2022, including after obtaining a security clearance.
He falsified information on his security clearance applications, claiming he only used marijuana once in 2013 and denying any illegal drug use in the past seven years.
The judge found the applicant's explanations for his omissions and falsifications to be vague and unconvincing.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)notedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 26(b)rejectedAcknowledgment of Drug Involvement and Actions to Overcome the ProblemThe applicant's efforts to disassociate from drug-using associates and his commitment to abstinence were insufficient to mitigate the concerns.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 16, 2024
Answer filedMar 2, 2024
Hearing held—Decided on the written record.
Decision dateAug 27, 2024

Cite For

Denial of Security Clearance Due to Drug Involvement Under Guideline H
Falsification of Security Clearance Applications Under Guideline E
Insufficient Evidence of Rehabilitation and Commitment to Abstinence From 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: Decision on RecordDecided: denied

The judge found that the applicant deliberately falsified his illegal drug use on two security clearance applications. The applicant's failure to disclose the full extent of his drug use and his subsequent misrepresentations were deemed serious security concerns, leading to a denial of his security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately falsified the full extent of his illegal drug use on his January 2018 SCA and June 2022 SCA.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.b–2.d	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

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: Decision on RecordDecided: denied

The judge found that the applicant used marijuana from about 2016 to at least December 2022 and was charged with possession of marijuana in January 2021. The applicant's failure to disclose this drug use on security clearance applications and the circumstances surrounding his use while holding a clearance led to a denial of his eligibility for access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from about 2016 to at least December 2022 and was charged with possession of marijuana in January 2021.	Against Applicant	MarijuanaWHILE CLEARED	Frequent	Admitted	—	—	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant	Unspecified Drug Involvement	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.