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ISCR Case 24-01550 — CASE

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ISCR Case 24-01550

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

Case Profile
Decision Date7/9/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Mark W. Harvey
Government Counsel: Mark D. Lawton
Applicant's Counsel: Ryan C. Nerney
Case Summary
The applicant in this case was a 28-year-old technician who had held a security clearance since March 2023. The Department of Defense's Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing concerns under Guidelines E (personal conduct) and H (drug involvement and substance misuse). The core allegations included timecard fraud resulting in termination from his job and a history of marijuana use, including after submitting a security clearance application.
The applicant admitted to several allegations, including falsely reporting work hours and using marijuana, while partially admitting to other charges related to his conduct. He explained that his actions stemmed from feelings of burnout and alienation at work. He also disclosed a history of marijuana use for medical reasons related to epilepsy and admitted to using cocaine once in 2017. Despite his claims of mitigating circumstances, the applicant's recent marijuana use continued after he had been informed of the implications for his security clearance.
The administrative judge ruled against the applicant, concluding that the security concerns were not mitigated. The judge emphasized the importance of honesty and reliability in maintaining a security clearance, noting that the applicant's actions demonstrated a lack of judgment and responsibility. The ruling highlighted that the applicant's admissions and subsequent behavior did not sufficiently address the concerns raised by the SOR, leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
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Case Headnote

ISCR Case No. 24-01550

deniedJul 9, 2025· Hon. Mark W. Harvey· hearing

Summary

A 28-year-old technician was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline H (Drug Involvement). The Statement of Reasons detailed that the applicant failed to perform work for a federal contractor on one or two days without authorization, and did not ensure his time records reflected this absence. Additionally, during a traffic stop, a police officer confiscated a small amount of marijuana and paraphernalia from his vehicle.

Further allegations included the applicant's varying frequency of marijuana use, including after submitting his security clearance application in January 2024. He also admitted to using cocaine on one occasion in about September 2017. Disqualifying conditions related to these issues were raised, while mitigating conditions were also considered.

Ultimately, the clearance was denied because the applicant admitted to timecard fraud, leading to his termination. His marijuana use while holding a security clearance raised questions about his reliability and judgment. The judge found his misleading statements regarding his termination and drug use to be serious and recent offenses, outweighing any mitigating factors.

Why the Applicant Was Denied

The applicant admitted to timecard fraud, which resulted in his termination from employment.
The applicant used marijuana while holding a security clearance, which raised questions about his reliability and judgment.
The applicant's misleading statements regarding his termination and drug use were considered serious and recent offenses.

Conditions Referenced

Disqualifying

AG ¶ 16(d)appliedPersonal Conduct Disqualifying Condition
AG ¶ 25(a)appliedDrug Involvement Disqualifying Condition
AG ¶ 25(c)appliedIllegal Possession of a Controlled Substance

Mitigating

AG ¶ 26(a)rejectedDrug Involvement Mitigating ConditionThe applicant's recent marijuana use while holding a sensitive position undermined the applicability of this condition.
AG ¶ 17(d)rejectedPersonal Conduct Mitigating ConditionThe applicant's false timecard submission and dishonesty were serious and recent, negating this condition.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedOct 29, 2024
Answer filedJan 22, 2025
Hearing heldMay 14, 2025
Decision dateJul 9, 2025

Cite For

Seriousness of Timecard Fraud Under Guideline E
Impact of Drug Involvement on Security Clearance Eligibility Under Guideline H
Importance of Honesty in the Security Clearance Process.

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: HearingDecided: denied

The judge found against the applicant on the allegation of failing to obtain authorization for absences from work and ensuring those absences were recorded. However, the judge found in favor of the applicant regarding the traffic charge related to the improper affixation of a license plate and the confiscation of marijuana. Overall, the applicant's eligibility for access to classified information was denied due to personal conduct concerns.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant did not do any work for his employment with a federal contractor on one or two workdays without obtaining authorization and without ensuring that his absence was reflected in his time/pay records.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.b	Applicant was charged with failure to properly affix license plate to vehicle and during a traffic stop, a police officer confiscated a small amount of marijuana and paraphernalia from his vehicle.	For Applicant	Questionable Judgment General	—	Denied with Explanation	—	—	—

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: HearingDecided: denied

The judge found that the applicant used marijuana with varying frequency, including after submitting a security clearance application, and used cocaine on one occasion. The applicant's drug use was deemed a concern for security clearance eligibility, leading to a denial of access to classified information.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant used marijuana with varying frequency, including after submitting a security clearance application in January 2024.	Against Applicant	MarijuanaWHILE CLEARED	Unspecified	Admitted	—	—	—
2.b	Applicant used cocaine on one occasion in about September 2017 at a tailgate after a football game.	For Applicant	Cocaine	Not Applicable	Admitted	—	—	—

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.