ISCR Case 21-01586

Case Headnote

ISCR Case No. 21-01586

deniedNov 14, 2022· Hon. LeRoy F. Foreman· hearing

Summary

A 33-year-old mechanical technician's application for a security clearance was denied due to concerns under Guideline J (Criminal Conduct), Guideline G (Alcohol Consumption), and Guideline E (Personal Conduct). The applicant had a history of criminal behavior, including a felony charge of carnal knowledge of a child in May 2008, and multiple alcohol-related offenses. These included convictions for being a minor in possession of alcohol in July 2008, and charges for misdemeanor driving while intoxicated (DWI) in November 2008, March 2011, and August 2019. Other charges included failure to appear in court in July 2009, being drunk in public in February 2010, and misdemeanor public drunkenness in July 2020.

While the applicant acknowledged an alcohol problem and demonstrated abstinence from alcohol since July 2020, which mitigated concerns under Guideline G, significant issues remained under Guidelines J and E. The applicant failed to disclose the felony carnal knowledge charge and provided conflicting explanations for this omission, demonstrating a lack of candor.

The decision highlighted the applicant's pattern of criminal conduct and repeated falsifications on security clearance applications as serious and detrimental to his credibility. Ultimately, the applicant failed to mitigate the concerns related to his criminal history and personal conduct, leading to the denial of his application for access to classified information.

Why the Applicant Was Denied

The applicant has a history of criminal conduct, including multiple alcohol-related offenses and a felony charge that he repeatedly failed to disclose.
The applicant demonstrated a lack of candor during the security clearance process, providing conflicting explanations for his omissions.
The applicant's repeated falsifications on security clearance applications were deemed serious and detrimental to his credibility.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 31(d)appliedViolation of Parole or Probation
AG ¶ 16(a)appliedDeliberate Omission or Concealment
AG ¶ 16(b)appliedProviding False or Misleading Information

Mitigating

AG ¶ 23(a)appliedTime Has Passed Since the Behavior
AG ¶ 23(b)appliedAcknowledgment of Alcohol Problem

Key Rule Quoted

“"No one has a ‘right’ to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 22, 2021
Answer filedNov 2, 2021
Hearing heldOct 13, 2022conducted by video teleconference
Decision dateNov 14, 2022

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Pattern of Criminal Conduct Under Guideline J
Mitigation of Alcohol Consumption Issues Under Guideline G

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
3.a	Applicant failed to disclose that he was charged with felony carnal knowledge of a child in May 2008.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
3.b	Applicant provided conflicting explanations for his lack of candor.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to disclose that he was charged with felony carnal knowledge of a child in May 2008.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

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

(b) deliberately providing false information to an investigator or official

—

3.b

Applicant provided conflicting explanations for his lack of candor.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant has acknowledged that he has an alcohol problem.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
2.b	Applicant has abstained from alcohol since July 2020.	For Applicant	Unspecified Alcohol Incident	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant has acknowledged that he has an alcohol problem.

For Applicant

Unspecified Alcohol Incident

Admitted

—

2.b

Applicant has abstained from alcohol since July 2020.

For Applicant

Unspecified Alcohol Incident

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with carnal knowledge of a child, a felony.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In July 2008, Applicant was convicted of being a minor in possession of alcohol.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In November 2008, Applicant was charged with misdemeanor driving while intoxicated (DWI).	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In July 2009, Applicant was charged with failure to appear in court.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In February 2010, Applicant was charged with being drunk in public.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In March 2011, Applicant was charged with misdemeanor DWI, 2nd offense.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In August 2019, Applicant was charged with DWI, 2nd offense.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	In July 2020, Applicant was charged with misdemeanor public drunkenness.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with carnal knowledge of a child, a felony.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

In July 2008, Applicant was convicted of being a minor in possession of alcohol.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

In November 2008, Applicant was charged with misdemeanor driving while intoxicated (DWI).

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

In July 2009, Applicant was charged with failure to appear in court.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

In February 2010, Applicant was charged with being drunk in public.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

In March 2011, Applicant was charged with misdemeanor DWI, 2nd offense.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.g

In August 2019, Applicant was charged with DWI, 2nd offense.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.h

In July 2020, Applicant was charged with misdemeanor public drunkenness.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION