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ISCR Case ADP No. 24-00644 — CASE

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ISCR Case ADP No. 24-00644

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

Case Profile
Decision Date2/27/2025
Statusdenied
LevelHEARING
TypeTRUSTWORTHINESS
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Allison O'Connell
Case Summary
The applicant in this case was a 41-year-old employee of a defense contractor seeking eligibility for a public trust position. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) citing concerns under the adjudicative guidelines for drug involvement, personal conduct, and financial considerations. The core allegations included the applicant's past marijuana use while holding a security clearance, failure to disclose this drug use on an electronic questionnaire, and failure to file federal income tax returns for multiple years.
The applicant admitted to using marijuana on several occasions between 2020 and 2021 and acknowledged the omission of this information on his e-QIP, claiming it was unintentional. He denied failing to file his tax returns, asserting that he had submitted them, although he provided unsigned and undated documents as evidence. The applicant also claimed to have reflected on his past mistakes and expressed a commitment to avoiding illegal drug use in the future, citing personal growth and a desire to be a positive role model for his children.
The administrative judge ruled against the applicant, concluding that he did not sufficiently mitigate the concerns regarding his drug involvement, personal conduct, and financial issues. The judge noted that the applicant's admissions and explanations did not provide credible evidence of a change in behavior or circumstances that would warrant granting eligibility for a public trust position. The ruling emphasized the importance of trustworthiness and candor in positions of public trust, ultimately denying the applicant's request for eligibility.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. ADP No. 24-00644

deniedFeb 27, 2025· Hon. Roger C. Wesley· hearing

Summary

An applicant, representing himself, was denied eligibility for a public trust position due to concerns under Guidelines F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The Statement of Reasons included allegations that the applicant failed to file federal income tax returns for 2018 and 2019.

Additionally, the applicant was alleged to have used marijuana with varying frequency between November 2020 and December 2021 while in a sensitive position. A significant concern was the allegation that the applicant falsified material facts on an e-QIP completed in April 2023 by deliberately failing to disclose his marijuana use.

The denial was based on the applicant's admission of falsifying information on the e-QIP regarding drug use, significant and unresolved financial issues, and past drug use that raised trustworthiness concerns. While Guideline E (Personal Conduct) was considered, the overall outcome was a denial of eligibility.

Why the Applicant Was Denied

The applicant admitted to falsifying information on an e-QIP regarding drug use.
Concerns regarding financial issues were significant and unresolved.
The applicant's past drug use raised trustworthiness concerns.

Conditions Referenced

Disqualifying

Guideline FraisedFinancial Considerations
Guideline HraisedDrug Involvement
Guideline JraisedCriminal Conduct

Mitigating

Guideline ErejectedPersonal ConductThe judge found the applicant's personal conduct insufficient to mitigate the concerns.

Key Rule Quoted

“it is not clearly consistent with the national interest to grant Applicant eligibility to hold a public trust position.”

Procedural Posture

Decision DateFeb 27, 2025

Cite For

Impact of Falsifying Information on Trustworthiness Under Guideline E
Significant Trustworthiness Concerns Due to Drug Involvement Under Guideline H
Financial Issues as a Disqualifying Factor Under Guideline F

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: Decision on RecordDecided: denied

The judge found that the applicant had falsified material facts on an electronic questionnaire by failing to disclose his marijuana use. However, the judge concluded that personal conduct concerns were mitigated, resulting in a favorable finding for the applicant on the personal conduct allegations. Ultimately, the applicant's eligibility to hold a public trust position was denied due to other concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.b	Applicant allegedly falsified material facts on an electronic questionnaires for investigations process (e-QIP) he completed in April 2023 by deliberately failing to disclose his marijuana use.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	—	(a) prompt, good-faith correction before being confronted	Claimed Explanation of Omission Credible Claimed Other

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 F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on financial considerations due to his failure to file federal income tax returns for the years 2018 and 2019, resulting in tax liabilities exceeding $10,000. Additionally, the applicant was found to have delinquent consumer debts exceeding $11,000, which were not mitigated by any evidence of payment or resolution.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant allegedly failed to file, as required, Federal income tax returns for tax years 2018 and 2019.	Against Applicant	Tax Filing Failure	Denied	—	—	—
4.b	Applicant allegedly failed to file, as required, Federal income tax returns for tax years 2018 and 2019.	Against Applicant	Tax Filing Failure	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). 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: Decision on RecordDecided: denied

The judge found that the applicant used marijuana on at least two occasions while holding a security clearance between November 2020 and December 2021. The applicant's drug involvement was deemed a concern, leading to a denial of eligibility for a public trust position.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant allegedly used marijuana with varying frequency between November 2020 to about December 2021 while holding a sensitive position.	Against Applicant	MarijuanaWHILE CLEARED	Occasional	Admitted	—	—	Claimed Acknowledgment and Remorse Claimed Abstinence Period Documented

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.