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ISCR Case 23-01862 — CASE

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ISCR Case 23-01862

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

Case Profile
Decision Date7/8/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Mark W. Harvey
Government Counsel: William H. Miller
Applicant's Counsel: Brian G. Smith
Case Summary
The applicant in this case was a 30-year-old software specialist who sought a security clearance. The Defense Office of Hearings and Appeals (DOHA) addressed security concerns under Guidelines H (drug involvement and substance misuse), I (psychological conditions), and E (personal conduct) in the Statement of Reasons (SOR). The core allegations included the applicant's history of using tetrahydrocannabinol (THC) and other illegal substances, as well as his psychological issues, including suicidal ideation.
The applicant admitted to several allegations in the SOR, including his use of THC from 2012 to 2023 and his past use of other drugs such as LSD and cocaine. He provided mitigating information, stating that he ceased using marijuana and other substances after recognizing their legal implications and the impact on his security clearance eligibility. He also completed drug tests that returned negative results and took educational courses on drug use. However, he denied some allegations, including the purchase of cocaine in October 2019.
The administrative judge ruled that the security concerns under Guidelines I and E were mitigated, but the concerns under Guideline H were not. The judge concluded that the applicant's ongoing drug involvement, despite his claims of cessation and efforts at rehabilitation, posed a significant risk to national security, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline IPsychological Conditions · For Applicant
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Case Headnote

ISCR Case No. 23-01862

deniedJul 8, 2025· Hon. Mark W. Harvey· hearing

Summary

A 30-year-old software specialist was denied a U.S. DOHA security clearance, primarily under Guideline H (Drug Involvement). The decision cited the applicant's recent marijuana use and a failure to uphold commitments made during the clearance process regarding substance abstinence.

Specifically, the applicant did not sufficiently demonstrate a consistent pattern of abstinence from drug use, which raised concerns about reliability and trustworthiness. Disqualifying conditions AG ¶ 25(a) and AG ¶ 25(c) were raised.

While psychological conditions under Guideline I were mitigated by AG ¶ 29(b) and AG ¶ 29(c), and personal conduct issues under Guideline E were refuted, the recent drug use and lack of established abstinence were the decisive factors in the denial.

Why the Applicant Was Denied

The applicant's recent marijuana use and failure to adhere to promises made during the security clearance process were significant factors in the denial.
The applicant did not fully establish a pattern of abstinence from drug use, which raised concerns about reliability and trustworthiness.

Conditions Referenced

Disqualifying

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

Mitigating

AG ¶ 29(b)appliedVoluntary TreatmentThe applicant demonstrated some compliance with treatment recommendations for psychological conditions.
AG ¶ 29(c)appliedCondition in RemissionThe applicant's psychological conditions were found to be under control or in remission.

Key Rule Quoted

“"The ultimate determination must be an overall commonsense judgment based upon careful consideration of the guidelines and the whole-person concept."”

Procedural Posture

SOR issuedAug 12, 2024
Answer filedDec 13, 2024
Hearing heldApr 29, 2025
Decision dateJul 8, 2025

Cite For

Denial of Security Clearance Due to Recent Drug Involvement Under Guideline H
Mitigation of Psychological Conditions Under Guideline I
Refutation of Personal Conduct Concerns Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.