ISCR Case 21-00318

Case Headnote

ISCR Case No. 21-00318

deniedJun 10, 2022· Hon. Robert E. Coacher· hearing

Summary

A 36-year-old senior engineer and veteran was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of concerning behavior and a lack of candor. The applicant failed to disclose a 2008 security clearance revocation on his August 2019 security clearance application.

Further issues included being fired from a state probation agency in April 2019 for having sexual relations with a coworker during training, and subsequently lying to his wife about the reason for his termination. In June 2018, he was fired from a state department of correctional services for providing a test answer to a fellow student during training. Additionally, in February 2015, the applicant received Non-Judicial Punishment (NJP) for failing to obey an order or regulation, making false official statements, and committing adultery, which he attempted to conceal from his wife and command by creating fraudulent documents.

The judge found the applicant's explanations for his conduct not credible, particularly regarding the undisclosed revocation and the reasons for his previous terminations. This consistent pattern of deceit and lack of candor led to significant concerns about his reliability and trustworthiness, resulting in the denial of his eligibility for access to classified information.

Why the Applicant Was Denied

The applicant admitted to multiple allegations of personal conduct issues, including dishonesty and failure to disclose a prior security clearance revocation.
The judge found the applicant's explanations for his conduct not credible, particularly regarding his failure to disclose the 2008 revocation and his reasons for being fired from previous positions.
The applicant's pattern of deceit and lack of candor raised significant concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
AG ¶ 16(e)appliedPersonal Conduct That Creates a Vulnerability to Exploitation

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedJun 4, 2021
Answer filedJun 21, 2021
Hearing heldJan 11, 2022via video teleconferencing
Decision dateJun 10, 2022

Cite For

Credibility Issues in Personal Conduct Cases
Impact of Dishonesty on Security Clearance Eligibility
Importance of Full Disclosure 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	deliberately failed to disclose that he had a security clearance revoked in 2008 when completing his August 2019 SCA	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	was fired from his position at a state probation agency in April 2019 for having sexual relations with a female coworker while in a training status	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.c	lied to his wife about the reason he was fired from his state probation position	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.d	was fired from his position at a state department of correctional services in June 2018 for giving a fellow student a test answer during training	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.e	received NJP in February 2015 on the charges of failing to obey an order or regulation, making false official statements, and committing adultery	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.f	lied to his wife and command and created fraudulent documents in an attempt to conceal his adulterous relationship with another Marine	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

deliberately failed to disclose that he had a security clearance revoked in 2008 when completing his August 2019 SCA

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

was fired from his position at a state probation agency in April 2019 for having sexual relations with a female coworker while in a training status

Against Applicant

Rules Violation at Workplace

—

Admitted

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.c

lied to his wife about the reason he was fired from his state probation position

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.d

was fired from his position at a state department of correctional services in June 2018 for giving a fellow student a test answer during training

Against Applicant

Rules Violation at Workplace

—

Admitted

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.e

received NJP in February 2015 on the charges of failing to obey an order or regulation, making false official statements, and committing adultery

For Applicant

Rules Violation at Workplace

—

Admitted

—

1.f

lied to his wife and command and created fraudulent documents in an attempt to conceal his adulterous relationship with another Marine

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION