CASE · Clearance Adjudication Search EngineCASE

Loading case…

ISCR Case 23-01673 — CASE

Case record

ISCR Case 23-01673

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

Case Profile
Decision Date9/13/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: LeRoy F. Foreman
Government Counsel: William H. Miller
Applicant's Counsel: Geoffrey S. Burke
Case Summary
The applicant in this case was a 31-year-old senior consultant employed by a federal contractor, who had held a security clearance since November 2016. The allegations against him were raised under Guideline H (Drug Involvement and Substance Misuse) in a Statement of Reasons (SOR) issued by the Defense Counterintelligence and Security Agency. The SOR alleged that the applicant had illegally used Adderall on two occasions in August 2022 while holding a sensitive position, as well as having a history of marijuana use from June 2009 to November 2015.
The applicant admitted to the allegations regarding his use of Adderall, explaining that he consumed the drug to alleviate hangover symptoms after a bachelor party. He acknowledged that he was aware of the legal implications of his actions and expressed regret, stating that he was at a different point in his life now, being married with a child. He also testified about his commitment to abstaining from alcohol and drugs in the future. Several character witnesses, including supervisors and family members, testified to his integrity and reliability, emphasizing his strong moral character.
The administrative judge ruled in favor of the applicant, granting him eligibility for access to classified information. The judge concluded that the applicant had demonstrated sufficient evidence of rehabilitation and a commitment to responsible behavior, which mitigated the security concerns raised by his past drug use. The judge noted the applicant's admissions, his proactive steps to change his lifestyle, and the positive testimonials from his supervisors and family as key factors in the decision.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
Finding similar decisions…

Case Headnote

ISCR Case No. 23-01673

grantedSep 13, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 31-year-old senior consultant was granted a security clearance despite concerns under Guideline H (Drug Involvement) stemming from past illegal drug use. The Statement of Reasons detailed marijuana use approximately twice a year from June 2009 to November 2015, and the illegal use of Adderall on August 6 and 7, 2022, while already holding a security clearance. These allegations raised Disqualifying Conditions AG ¶ 25(a), AG ¶ 25(c), and AG ¶ 25(f).

However, the administrative judge applied Mitigating Conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant demonstrated significant behavioral changes, including a commitment to abstain from drug use. Evidence showed a pattern of abstinence and disassociation from drug-using associates.

Ultimately, the applicant's focus had shifted to family responsibilities, indicating a change in lifestyle. These factors led to the security clearance being granted.

Why the Applicant Prevailed

The applicant demonstrated significant behavioral changes and a commitment to abstain from drug use.
He provided evidence of a pattern of abstinence and disassociation from drug-using associates.
The applicant's focus has shifted to family responsibilities, indicating a change in lifestyle.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Holding a Sensitive Position

Mitigating

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

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedSep 14, 2023
Answer filedOct 30, 2023
Hearing heldAug 20, 2024
Decision dateSep 13, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Behavioral Changes in Security Clearance Decisions
Consideration of Family Responsibilities in Adjudication Outcomes

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 used marijuana approximately twice a year from June 2009 to November 2015, and illegally used Adderall on two occasions in August 2022 while holding a security clearance. Despite the recent use of Adderall, the judge concluded that the infrequency and circumstances of the use made it unlikely to recur, resulting in a decision to grant the applicant's security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from June 2009 to November 2015, approximately twice a year during this time.	For Applicant	Marijuana	Occasional	Admitted	—	—	—
1.b	Applicant illegally used Adderall on August 6 and 7, 2022, while holding a security clearance.	For Applicant	Prescription Stimulant MisuseWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia (f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur	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.