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ISCR Case 24-00828 — CASE

Case record

ISCR Case 24-00828

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

Case Profile
Decision Date10/15/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Darlene Lokey Anderson
Government Counsel: Andrew H. Henderson
Case Summary
The applicant in this case was a 29-year-old Senior Mechanical Engineer employed by a defense contractor, seeking a security clearance. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Abuse) and Guideline E (Personal Conduct). The core allegation was that the applicant had used marijuana in January 2023 and had failed to disclose this use on his security clearance application, where he answered "NO" to questions regarding illegal drug use in the past seven years.
During the proceedings, the applicant admitted to using marijuana once at a friend's party but claimed he was nervous about the implications of disclosing this on his application. He expressed remorse for his lack of candor and stated that he had no intention of using illegal drugs in the future. The applicant provided evidence of his good character, including positive performance evaluations and letters of recommendation from colleagues, which highlighted his integrity and reliability.
The administrative judge ruled in favor of the applicant, concluding that the marijuana use was an isolated incident and not indicative of a habitual pattern. The judge found that the applicant had taken responsibility for his actions, demonstrated a commitment to abstain from drug use, and had established a pattern of good conduct in his professional life. The mitigating conditions were deemed applicable, leading to a favorable decision regarding the applicant's security clearance eligibility.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · For Applicant
Similar decisions
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Case Headnote

ISCR Case No. 24-00828

deniedOct 15, 2024· Hon. Darlene Lokey Anderson· hearing

Summary

A 29-year-old Senior Mechanical Engineer with a Master's degree was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The government alleged the applicant engaged in questionable judgment and dishonesty, specifically regarding the use of controlled substances.

The denial stemmed from the applicant's deliberate omission of marijuana use in January 2023 from his security clearance application. While the judge found mitigating factors for the drug involvement itself, the lack of candor regarding this use was a primary concern.

The applicant's failure to disclose this relevant information raised significant questions about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant deliberately omitted his marijuana use on his security clearance application, demonstrating a lack of candor.
The applicant's failure to disclose relevant information raised significant concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 26(a)appliedBehavior Unlikely to Recur
AG ¶ 26(b)appliedAcknowledgment of Drug Involvement and Intent to Abstain

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedJun 18, 2024
Answer filedJun 18, 2024
Hearing heldSep 12, 2024
Decision dateOct 15, 2024

Cite For

Lack of Candor Under Guideline E
Mitigating Factors for Drug Involvement Under Guideline H
Importance of Honesty in Security Clearance Applications

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: HearingDecided: denied

The judge found against the applicant on the personal conduct allegations under Guideline E, specifically regarding lack of candor and dishonesty related to drug use. The applicant's failure to disclose marijuana use on his security clearance application raised significant concerns about his reliability and trustworthiness, leading to a denial of eligibility for access to classified information.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The Government alleges that the Applicant has engaged in conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations that can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified or sensitive information.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

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: HearingDecided: denied

The judge found that the Applicant used marijuana one time in January 2023 while employed in a sensitive position, which he failed to disclose on his security clearance application. Despite the Applicant's claims of remorse and intentions to abstain from drug use in the future, the judge concluded that granting security clearance was not consistent with national interest, resulting in a denial.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The Government alleges that the Applicant has used controlled substances that cause physical or mental impairment or are used in a manner inconsistent with their intended purpose, which can raise questions about an individual’s reliability and trustworthiness.	For Applicant	MarijuanaWHILE CLEARED	Experimental	Denied	—	—	Claimed Acknowledgment and Remorse Claimed Other

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.