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ISCR Case 24-00318 — CASE

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ISCR Case 24-00318

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

Case Profile
Decision Date8/28/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: George A. Hawkins
Case Summary
The applicant in this case was a 66-year-old individual who sought a security clearance and faced allegations under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The Statement of Reasons (SOR) issued by the Department of Defense outlined concerns regarding the applicant's past illegal drug use, including marijuana and cocaine, as well as a failure to disclose a 1994 arrest for drug-related charges on her security clearance application.
The applicant admitted to her past use of marijuana and cocaine but denied intentionally falsifying her security clearance application. She explained that she believed her drug use was protected under the Health Insurance Portability and Accountability Act (HIPAA) and claimed she did not remember the details of her 1994 arrest. The applicant provided evidence of her professional performance and expressed a commitment to abstaining from future drug use. However, the administrative judge found her explanations lacking in credibility and insufficient to mitigate the security concerns raised.
Ultimately, the administrative judge ruled against the applicant, denying her eligibility for access to classified information. The judge concluded that the applicant failed to demonstrate sufficient evidence to mitigate the concerns related to her drug involvement and personal conduct, emphasizing the importance of trust and reliability in individuals granted 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. 24-00318

deniedAug 28, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 66-year-old applicant with a bachelor's degree was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a long history of illegal drug use and deliberate omissions on her security clearance application.

Specifically, the applicant used marijuana with varying frequency from approximately 1978 to May 2023, and purchased it from about 2010 to August 2022. She also used cocaine with varying frequency from July 2003 to November 2014. Additionally, she was arrested in 1994 and charged with possession of marijuana and a hypodermic needle.

The judge found that the applicant deliberately failed to disclose her use and purchase of marijuana on her application, and her explanations for these omissions were not credible. This 45-year history of drug use, coupled with the deliberate failure to disclose, raised significant doubts about her reliability and trustworthiness, leading to the denial of her security clearance.

Why the Applicant Was Denied

The applicant had a 45-year history of illegal drug use, including daily marijuana use until May 2023 and cocaine use until 2014.
The applicant failed to disclose her drug use and a 1994 arrest on her security clearance application, which the judge found to be a deliberate omission.
The applicant's explanations for her omissions were deemed not credible, raising concerns about her honesty and reliability.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 15raisedPersonal Conduct

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedMay 7, 2024
Answer filedMay 13, 2024Applicant elected to have her case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateAug 28, 2024

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Failure to Disclose Past Drug-related Arrests Under Guideline E
Credibility Issues in Applicant's Explanations for Omissions

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 did not deliberately fail to disclose her arrest, ruling in her favor on that allegation. However, the applicant was found to have deliberately failed to disclose her use and purchase of marijuana on her security clearance application, leading to a ruling against her on that allegation. Overall, the personal conduct concerns were not mitigated, resulting in a denied outcome.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant did not deliberately fail to disclose her arrest and concluded in her favor for SOR 2.a.	For Applicant	Omission or Failure to Disclose	Criminal Conduct	Denied	—	—	—
2.b	Applicant deliberately failed to disclose her use and purchase of marijuana on her SCA.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(b) deliberately providing false information to an investigator or official	—	—

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 against the applicant on all allegations related to drug involvement and substance misuse. The applicant admitted to using marijuana and cocaine over several years, and her failure to disclose a past drug-related arrest contributed to the negative findings.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana with varying frequency from about 1978 to May 2023. She purchased marijuana from about 2010 to August 2022. She used cocaine with varying frequency from July 2003 to November 2014. She was arrested in 1994 and charged with possession of marijuana less than 50 grams and possession of a hypodermic needle.	Against Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.b–1.d	3 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.