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ISCR Case 24-00831 — CASE

Case record

ISCR Case 24-00831

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

Case Profile
Decision Date8/1/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Bryan J. Olmos
Government Counsel: John B. Renehan
Case Summary
The applicant in this case was a 44-year-old individual who had held a security clearance since May 2013 and was employed as a foreman at Company B. The Department of Defense 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 admitted use of marijuana from July 1996 through November 2022, including during periods when he held a security clearance, and instances of alleged falsification in his security clearance applications regarding his drug use.
The applicant admitted to the allegations but provided qualifications regarding the timeline of his marijuana use, claiming a break in usage from November 2004 until November 2022. He also acknowledged a DWI charge in 2004 related to alcohol and marijuana possession. Despite his claims of mitigating circumstances, the administrative judge found that the applicant's history of drug use, particularly while holding a security clearance, raised significant concerns about his reliability and trustworthiness. The judge noted that the applicant's admissions and the lack of substantial mitigating evidence led to the conclusion that the applicant failed to mitigate the security concerns.
Ultimately, the administrative judge ruled to deny the applicant's eligibility for access to classified information, emphasizing the importance of maintaining national security and the applicant's failure to demonstrate sufficient reliability and trustworthiness in light of his drug use history.
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. 24-00831

deniedAug 1, 2025· Hon. Bryan J. Olmos· hearing

Summary

A 44-year-old male, who held a security clearance since 2013, was denied eligibility for access to classified information due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The applicant admitted to using marijuana from July 1996 through November 2022, including while possessing a security clearance from May 2013 to November 2022.

The Statement of Reasons included allegations that the applicant falsified his answers regarding illegal drug use on his August 2020 SF85 and his March 2013 SF86. Additionally, he was alleged to have falsified his answer regarding illegal drug purchase on his March 2013 SF86. The applicant also faced a DWI charge involving alcohol and possession of marijuana in October 2004.

The denial was based on the applicant's admitted and recent marijuana use, which raised questions about his reliability and trustworthiness. The judge determined that the applicant failed to provide sufficient evidence of actions taken to overcome his drug involvement or establish a pattern of abstinence.

Why the Applicant Was Denied

The applicant admitted to marijuana use from 1996 to 2022, including while holding a security clearance.
The applicant's recent marijuana use in November 2022 raised questions about his reliability and trustworthiness.
The applicant did not provide sufficient evidence of actions taken to overcome his drug involvement or establish a pattern of abstinence.

Conditions Referenced

Disqualifying

AG ¶ 25(a)raisedSubstance Misuse
AG ¶ 25(c)raisedIllegal Possession of a Controlled Substance
AG ¶ 25(f)raisedIllegal Drug Use While Granted Access to Classified Information
AG ¶ 15raisedQuestionable Judgment and Lack of Candor
AG ¶ 16(e)raisedVulnerability to Exploitation

Key Rule Quoted

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

Procedural Posture

SOR issuedSep 27, 2024
Answer filedNov 4, 2024
Hearing heldJun 10, 2025
Decision dateAug 1, 2025

Cite For

Failure to Mitigate Drug Involvement Under Guideline H
Failure to Mitigate Personal Conduct Concerns Under Guideline E
Consideration of Marijuana Use While Holding a Security Clearance

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 against the applicant on the personal conduct allegations related to drug involvement. The applicant was found to have falsified answers regarding illegal drug use on multiple security forms, which raised significant security concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant's drug involvement raised security concerns under Personal Conduct.	Against Applicant	Questionable Judgment General	—	Unknown	—	—	—
2.b	Applicant falsified his answer in his August 2020 SF85 regarding illegal drug use.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Other
2.c	Applicant falsified his answer in his March 2013 SF86 regarding illegal drug use.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Other
2.d	Applicant falsified his answer in his March 2013 SF86 regarding illegal drug purchase.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Other
2.e	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—

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: Decision on RecordDecided: denied

The judge found that the applicant used marijuana from July 1996 through November 2022, including during a period when he held a security clearance. The applicant was also charged with DWI and possession of marijuana in 2004. The overall outcome was a denial of eligibility for access to classified information due to these drug involvement concerns.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana from July 1996 through November 2022.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
1.b	Applicant used marijuana from May 2013 through November 2022 while granted access to classified information.	For Applicant	MarijuanaWHILE CLEARED	Regular	Admitted	—	—	—
1.c	Applicant was charged with DWI by alcohol and possession of marijuana in October 2004.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	Claimed Rehabilitation Evidence

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.