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ISCR Case 24-00314 — CASE

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ISCR Case 24-00314

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

Case Profile
Decision Date2/14/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Cassie L. Ford
Case Summary
The applicant in this case was a 35-year-old employee of a defense contractor who sought a security clearance. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under Guideline H (Drug Involvement and Substance Misuse) and Guideline J (Criminal Conduct). The allegations included the applicant's positive urinalysis results for cocaine on two occasions while serving in a sensitive military position and his subsequent guilty plea to wrongful use of cocaine under the Uniform Code of Military Justice.
The applicant admitted to one of the drug involvement allegations and one of the criminal conduct allegations but claimed he was unaware of his cocaine use due to intoxication from alcohol. He stated that he was at a neighbor's house where cocaine was present but did not report the second positive test in February 2022. Although he claimed to have complied with treatment requirements following his positive tests, there was no evidence to substantiate his compliance. The applicant did not submit a signed statement of intent to abstain from drug use.
The administrative judge ruled to deny the applicant's eligibility for a security clearance, concluding that he failed to mitigate the security concerns related to his drug involvement and criminal conduct. The judge emphasized the importance of trust and reliability in individuals granted access to classified information and noted that the applicant's admissions and lack of evidence supporting his claims did not sufficiently address the concerns raised by the government.
Guidelines Evaluated
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
Similar decisions
Other decisions whose allegations read most like this one. Descriptive similarity of the allegations only — not a prediction.
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Case Headnote

ISCR Case No. 24-00314

deniedFeb 14, 2025· Hon. Robert Robinson Gales· hearing

Summary

A 35-year-old former U.S. Army staff sergeant was denied a security clearance under Guideline H (Drug Involvement) and Guideline J (Criminal Conduct). The denial stemmed from two positive cocaine tests while the applicant held a sensitive position, leading to charges of wrongful use of cocaine and subsequent non-judicial punishment under Article 15, UCMJ.

Disqualifying conditions cited included drug involvement while in a sensitive position and criminal conduct. While mitigating conditions such as the passage of time and the applicant's efforts to address the issue were considered, they were not sufficient to overcome the security concerns.

The administrative judge determined that the applicant failed to provide adequate evidence of rehabilitation or a consistent pattern of abstinence from drug use. This lack of demonstrated change raised doubts about the applicant's reliability and trustworthiness, ultimately resulting in the denial of the security clearance.

Why the Applicant Was Denied

The applicant tested positive for cocaine on two occasions while serving in a sensitive position.
The applicant received non-judicial punishment for wrongful use of cocaine under the UCMJ.
The applicant failed to provide evidence of rehabilitation or a pattern of abstinence from drug use.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedAny Substance Misuse
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 31(b)raisedEvidence of Criminal Conduct
AG ¶ 31(e)raisedDischarge From the Armed Forces for Reasons Less Than 'honorable'

Mitigating

AG ¶ 26(a)appliedBehavior Happened so Long Ago, Was so Infrequent, or Happened Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 26(b)rejectedAcknowledges Drug Involvement and Provides Evidence of Actions Taken to Overcome This ProblemThe applicant did not provide evidence of a pattern of abstinence or rehabilitation.
AG ¶ 26(d)rejectedSatisfactory Completion of a Prescribed Drug Treatment ProgramThe applicant did not provide evidence of successful completion of treatment.

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedJun 26, 2024
Answer filedJul 3, 2024Applicant elected to have the case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateFeb 14, 2025

Cite For

Insufficient Evidence of Rehabilitation Under Guideline H
Impact of Non-judicial Punishment on Security Clearance Eligibility
Credibility Issues Related to Drug Use Claims

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 H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant tested positive for cocaine on two separate occasions while in a sensitive position, which raised significant security concerns. The applicant's attempts to mitigate these concerns were deemed insufficient, leading to a decision against the applicant regarding drug involvement.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant tested positive for cocaine on two separate occasions while in a sensitive position.	Against Applicant	CocaineWHILE CLEARED	Not Applicable	Admitted	(a) any substance misuse (f) any illegal drug use while holding a clearance or sensitive position	(a) behavior happened long ago / infrequent / unlikely to recur	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on the criminal conduct allegation related to the wrongful use of cocaine, which resulted in non-judicial punishment under Article 15, UCMJ. The applicant's admission of the charge and the circumstances surrounding the incident led to a denial of the security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.b	Applicant was charged with wrongful use of cocaine and received non-judicial punishment under Article 15, UCMJ.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

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