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ISCR Case 22-02560 — CASE

Case record

ISCR Case 22-02560

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

Case Profile
Decision Date11/28/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Philip J. Katauskas
Government Counsel: Tovah A. Minster
Case Summary
The applicant in this case was a 42-year-old federal contractor who had previously served in the U.S. Army. The Department of Defense (DOD) issued a Statement of Reasons (SOR) citing security concerns under Guideline H (drug involvement and substance misuse) and Guideline E (personal conduct). The core allegations included the applicant's history of marijuana and cocaine use, including use while holding a security clearance, and his failure to disclose this drug use on multiple security clearance applications.
During the proceedings, the applicant admitted to using marijuana and cocaine at various times, including after being granted access to classified information. He acknowledged testing positive for cocaine in January 2016 but denied a positive marijuana test from 2008. The applicant explained his failure to disclose his drug use on his security clearance applications as a result of shame and a desire to distance himself from his past. He claimed that he was advised by a recruiter to deny any drug use when applying for the Army.
The administrative judge ruled against the applicant, concluding that he had not mitigated the security concerns related to his drug involvement and personal conduct. The judge noted the applicant's admissions of drug use and the deliberate omissions on his applications as significant factors in the decision to deny his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
Similar decisions
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Case Headnote

ISCR Case No. 22-02560

deniedNov 28, 2025· Hon. Philip J. Katauskas· hearing

Summary

A 42-year-old federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The denial stemmed from a documented history of drug use and repeated instances of dishonesty on security clearance applications.

Specifically, the applicant used marijuana with varying frequency from fall 2000 to October 2021, and cocaine, including crack cocaine, from February 2014 to January 2016. He admitted to using both marijuana and cocaine after being granted access to classified information in approximately October 2011. Furthermore, he tested positive for marijuana in about 2008 and for cocaine in about January 2016.

The applicant deliberately failed to disclose his marijuana use on his September 13, 2011, security clearance application (SCA), and his marijuana and cocaine use on SCAs dated August 5, 2020, and April 28, 2021. He also initially falsified material facts about his drug usage during his August 5, 2022, Personnel Security Interview (PSI). The denial was based on his long history of drug use, intentional falsification of information on multiple applications, and insufficient evidence of rehabilitation or sustained abstinence.

Why the Applicant Was Denied

The applicant had a long history of drug use, including marijuana and cocaine, which he admitted occurred while holding a security clearance.
He intentionally falsified information on multiple security clearance applications regarding his drug use.
The applicant did not provide sufficient evidence of rehabilitation or a pattern of abstinence from drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)appliedSubstance Misuse
AG ¶ 25(b)appliedTesting Positive for an Illegal Drug
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 16(a)appliedDeliberate Omission or Falsification of Relevant Facts

Key Rule Quoted

“the clearly consistent standard indicates that security determinations should err, if they must, on the side of denials.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMay 2, 2023
Answer filedJul 12, 2023
Hearing heldMar 28, 2025in person
Decision dateNov 28, 2025delayed due to federal government shutdown

Cite For

Denial Based on Long-term Drug Involvement Under Guideline H
Failure to Mitigate Personal Conduct Issues Under Guideline E
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 all allegations under Guideline E, determining that he deliberately failed to disclose his drug use on multiple security clearance applications and initially falsified information during a personal subject interview. The applicant did not mitigate the personal conduct concerns related to his drug involvement and failure to disclose.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	deliberately failed to disclose on his September 13, 2011 SCA his marijuana use	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.b	deliberately failed to disclose on his August 5, 2020 SCA his marijuana and cocaine use	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.c	deliberately failed to disclose on his April 28, 2021 SCA his marijuana and cocaine use	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
2.d–2.e	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—
2.f	initially falsified material facts about his marijuana and cocaine usage during his August 5, 2022 PSI	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	—	—	—

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 against the applicant on multiple allegations of drug involvement, including the use of marijuana and cocaine, as well as positive drug tests. The applicant's drug use occurred both before and after being granted access to classified information, which contributed to the denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	used marijuana with varying frequency from fall 2000 to October 2021	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	used cocaine, to include crack cocaine, with varying frequency from February 2014 to January 2016	Against Applicant	Cocaine	Regular	Admitted	—	—	—
1.c	used marijuana and cocaine after being granted access to classified information in about October 2011	For Applicant	Unspecified Drug InvolvementWHILE CLEARED	Unspecified	Admitted	—	—	—
1.d	tested positive for cocaine on a urinalysis in about January 2016	Against Applicant	Drug Test Failure	Not Applicable	Admitted	—	—	—
1.e	tested positive for marijuana on a urinalysis in about 2008	Against Applicant	Drug Test Failure	Not Applicable	Denied	—	—	—

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.