ISCR Case 23-02576

Case Headnote

ISCR Case No. 23-02576

deniedSep 2, 2025· Hon. Bryan J. Olmos· hearing

Summary

A 29-year-old mechanical engineer was denied a security clearance under Guideline E (Personal Conduct) due to repeated instances of marijuana use and falsification of information on security questionnaires and during interviews. The applicant admitted to using marijuana from October 2013 through December 2018, and less than once per year after 2018, potentially through July 2019.

The denial was primarily based on the applicant's deliberate failure to disclose this marijuana use across multiple security questionnaires (SF85s in March 2018 and April 2019, and an SF86 in June 2021) and during several interviews with authorized DOD investigators (October 2019, July 2021, and December 2021). Additionally, the applicant deliberately failed to disclose a previous clearance denial and subsequent termination from a position with Employer C on a June 2021 SF86.

Despite the applicant's admission of past marijuana use and submission of negative drug tests, the judge found significant concerns regarding reliability and trustworthiness due to the pattern of omissions and dishonesty. The repeated falsifications over several years, including the nondisclosure of a prior clearance denial and employment termination, led to the ultimate denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to using marijuana from 2013 to 2018 and potentially through July 2019, raising concerns about compliance with rules and regulations.
The applicant repeatedly failed to disclose his marijuana use in multiple security questionnaires and interviews, demonstrating a lack of candor and honesty.
The applicant's history of falsifications extended over several years and included omissions of a previous clearance denial and employment termination.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so InfrequentThe applicant has established a long period of abstinence from marijuana and provided negative drug tests.

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedJun 26, 2024
Answer filedAug 23, 2024
Hearing heldJun 4, 2025
Decision dateSep 2, 2025

Cite For

Issues of Personal Conduct Under Guideline E
The Impact of Falsification on Security Clearance Eligibility
The Importance of Candor 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.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant used marijuana with varying frequency from approximately October 2013 through July 2019.	For Applicant	Questionable Judgment General	—	Unknown	—	—	—
1.b	Applicant deliberately failed to disclose his marijuana use in a March 2018 Questionnaire for Non-Sensitive Positions (SF85).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.c	Applicant deliberately failed to disclose his marijuana use in an April 2019 SF85.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.d	Applicant deliberately failed to disclose his marijuana use during an October 2019 interview with an authorized investigator for DOD.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.e	Applicant deliberately failed to disclose in his June 2021 SF86 that he had previously been denied clearance eligibility and was subsequently terminated from a position with Employer C.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.f	Applicant deliberately failed to disclose his marijuana use in a June 2021 Questionnaire for National Security Positions (SF86).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.g	Applicant deliberately failed to disclose that he had previously been denied clearance eligibility in his June 2021 SF86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.h	Applicant deliberately failed to disclose his marijuana use during a July 2021 interview with an authorized investigator for DOD.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.i	Applicant deliberately failed to disclose his marijuana use during a December 2021 interview with an authorized investigator for DOD.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.j	Applicant admitted to using marijuana from October 2013 through December 2018.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.k	Applicant admitted to using marijuana less than once per year after 2018.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant used marijuana with varying frequency from approximately October 2013 through July 2019.

For Applicant

Questionable Judgment General

—

Unknown

—

1.b

Applicant deliberately failed to disclose his marijuana use in a March 2018 Questionnaire for Non-Sensitive Positions (SF85).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.c

Applicant deliberately failed to disclose his marijuana use in an April 2019 SF85.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.d

Applicant deliberately failed to disclose his marijuana use during an October 2019 interview with an authorized investigator for DOD.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.e

Applicant deliberately failed to disclose in his June 2021 SF86 that he had previously been denied clearance eligibility and was subsequently terminated from a position with Employer C.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.f

Applicant deliberately failed to disclose his marijuana use in a June 2021 Questionnaire for National Security Positions (SF86).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.g

Applicant deliberately failed to disclose that he had previously been denied clearance eligibility in his June 2021 SF86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.h

Applicant deliberately failed to disclose his marijuana use during a July 2021 interview with an authorized investigator for DOD.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.i

Applicant deliberately failed to disclose his marijuana use during a December 2021 interview with an authorized investigator for DOD.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.j

Applicant admitted to using marijuana from October 2013 through December 2018.

For Applicant

Questionable Judgment General

—

Admitted

—

1.k

Applicant admitted to using marijuana less than once per year after 2018.

For Applicant

Questionable Judgment General

—

Admitted

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision