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ISCR Case 22-02634 — CASE

Case record

ISCR Case 22-02634

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

Case Profile
Decision Date12/14/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Edward W. Loughran
Government Counsel: Alison P. O'Connell
Case Summary
The applicant in this case was a 39-year-old employee of a defense contractor who sought to retain his security clearance, which he had held since his military service. The Department of Defense issued a Statement of Reasons citing security concerns under Guidelines E (personal conduct), G (alcohol consumption), and J (criminal conduct). The core allegations included a history of criminal conduct, including multiple arrests for alcohol-related offenses and a recent incident involving aggravated assault with a deadly weapon.
Key facts established during the proceedings included the applicant's history of criminal behavior, such as a DUI arrest in 2005 and a 2021 incident where he pointed a shotgun at individuals he believed were threatening him. The applicant admitted to some of the allegations but denied intentional wrongdoing, claiming he misunderstood reporting requirements on his security clearance applications. He provided character references attesting to his job performance and moral character, but his explanations were inconsistent and lacked credibility.
The administrative judge ruled against the applicant, concluding that he did not mitigate the security concerns. The judge found the applicant's testimony and explanations to be unreliable, particularly in light of the police report from the 2021 incident and inconsistencies in his accounts. As a result, the applicant's eligibility for access to classified information was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline GAlcohol Consumption · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 22-02634

deniedDec 14, 2023· Hon. Edward W. Loughran· hearing

Summary

A 39-year-old defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a history of criminal behavior, including a 2021 arrest for aggravated assault with a deadly weapon, and multiple alcohol-related incidents such as DUI and DWI arrests.

A significant factor in the denial was the applicant's failure to disclose these issues on security clearance applications, specifically intentionally falsifying the 2021 SF 86 by omitting the January 2021 arrest and charges. This omission raised substantial doubts about his reliability and trustworthiness.

The judge found the applicant's testimony to be inconsistent and not credible, further undermining his reliability. Consequently, the security clearance was DENIED based on the applicant's criminal conduct, undisclosed alcohol-related incidents, and lack of candor.

Why the Applicant Was Denied

The applicant has a history of criminal conduct, including a 2021 arrest for aggravated assault.
The applicant failed to disclose multiple alcohol-related incidents on security clearance applications.
The applicant's testimony was inconsistent and not credible, undermining his reliability.

Conditions Referenced

Disqualifying

AG ¶ 31(b)raisedCriminal Conduct
AG ¶ 22(a)raisedAlcohol-related Incidents
AG ¶ 16(a)raisedDeliberate Omission or Falsification

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedApr 5, 2023
Answer filedApr 25, 2023
Hearing heldNov 8, 2023
Decision dateDec 14, 2023

Cite For

Denial of Security Clearance Due to Unresolved Criminal Conduct Under Guideline J
Failure to Disclose Significant Criminal History Under Guideline E
Impact of Alcohol-related Incidents on Security Clearance Eligibility 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.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found that the applicant intentionally falsified the 2021 SF 86 by failing to report a January 2021 arrest and charges. The applicant's response was deemed dishonest, leading to a denial of eligibility for access to classified information.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant intentionally falsified the 2021 SF 86 by failing to report the January 2021 arrest and charges.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

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 G (Alcohol Consumption) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on the alcohol-related allegations, noting multiple incidents including DUI and DWI arrests. The applicant's history of alcohol-related incidents contributed to the denial of eligibility for access to classified information.

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Applicant has multiple alcohol-related incidents including DUI and DWI arrests.	Against Applicant	DUI or DWI Alcohol	Unknown	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
3.b	specific text not stated in this decision	Against Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline G). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: denied

The judge found against the applicant on the allegation of criminal conduct, specifically regarding a 2021 arrest for aggravated assault with a deadly weapon. The applicant's history of alcohol-related incidents and dishonesty in reporting these incidents contributed to the denial of eligibility for access to classified information.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a history of criminal conduct including a 2021 arrest for aggravated assault with a deadly weapon.	Against Applicant	Assault or Battery	Charged Not Convicted	Denied	(b) evidence of criminal conduct, regardless of charge or conviction	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.