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ISCR Case 23-02421 — CASE

Case record

ISCR Case 23-02421

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

Case Profile
Decision Date8/27/2024
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: LeRoy F. Foreman
Government Counsel: Tovah A. Minster, Lauren A. Shure
Applicant's Counsel: Peter Noone
Case Summary
The applicant in this case was a 22-year-old test and integration engineer employed by a defense contractor. The Department of Defense's Defense Counterintelligence and Security Agency (DCSA) raised security concerns under Guideline H (Drug Involvement and Substance Misuse) in a Statement of Reasons (SOR) issued on November 8, 2023. The SOR alleged that the applicant had used marijuana on multiple occasions from October 2020 to June 2023, which raised questions about her reliability and trustworthiness.
During the proceedings, the applicant admitted to using marijuana on three occasions while in college but denied any ongoing substance misuse. She explained that her use was influenced by peer pressure and that she did not intend to continue using marijuana after her initial experiences. The applicant self-reported her June 2023 use of marijuana to her security officer and underwent a substance abuse evaluation, which concluded that she did not meet the criteria for a substance use disorder. Several witnesses testified to her character and trustworthiness, supporting her commitment to comply with security clearance standards.
The administrative judge ruled in favor of the applicant, granting her eligibility for access to classified information. The judge found that the applicant had demonstrated a clear understanding of the seriousness of her past actions and had taken proactive steps to mitigate the concerns, including a written commitment to refrain from illegal drug use and consent to random drug testing. The judge concluded that the applicant's overall character and the circumstances surrounding her marijuana use did not pose a significant risk to national security.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · For Applicant
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Case Headnote

ISCR Case No. 23-02421

grantedAug 27, 2024· Hon. LeRoy F. Foreman· hearing

Summary

A 22-year-old test and integration engineer was granted a security clearance despite concerns raised under Guideline H (Drug Involvement). The Statement of Reasons alleged marijuana use with varying frequency between October 2020 and June 2023, while the applicant was in college. These allegations invoked disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c).

However, the judge applied mitigating conditions AG ¶ 26(a) and AG ¶ 26(b). The applicant acknowledged her past marijuana use and demonstrated a commitment to future abstinence. She provided a substance abuse evaluation that indicated no disorder and expressed a clear understanding of security requirements.

Additionally, character references supported her reliability and trustworthiness. Based on these factors, the judge concluded that the applicant understood and was committed to complying with security standards, ultimately granting her eligibility for access to classified information.

Why the Applicant Prevailed

The applicant acknowledged her past marijuana use and demonstrated a commitment to abstain from illegal drugs in the future.
She provided evidence of a substance abuse evaluation indicating no disorder and expressed understanding of security requirements.
The applicant's character references supported her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)rejectedBehavior Unlikely to RecurThe applicant's marijuana use was recent and frequent.
AG ¶ 26(b)appliedAcknowledgment and Evidence of Actions Taken to Overcome Drug InvolvementThe applicant provided a signed statement of intent to abstain from drug use and demonstrated understanding of the implications of her actions.

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 8, 2023
Answer filedDec 17, 2023
Hearing heldJun 25, 2024conducted by video teleconference
Decision dateAug 27, 2024

Cite For

Mitigation of Drug Involvement Under Guideline H
Importance of Character References in Security Clearance Cases
Whole-person Concept in Adjudicative 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 used marijuana with varying frequency from October 2020 to June 2023. Despite this use, the judge concluded that the applicant's behavior was unlikely to recur and did not cast doubt on her current reliability, leading to a decision to grant her security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from October 2020 to June 2023.	For Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	(a) any substance misuse (c) illegal possession, cultivation, manufacture, purchase, sale, or distribution; or paraphernalia	(a) behavior happened long ago / infrequent / unlikely to recur (b) acknowledges involvement; evidence of action; established abstinence	Claimed Acknowledgment and Remorse Claimed Substance Treatment Completed

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.