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ISCR Case 23-00660 — CASE

Case record

ISCR Case 23-00660

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

Case Profile
Decision Date10/24/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Andrea M. Corrales
Case Summary
The applicant in this case was a 51-year-old individual who applied for a security clearance on April 6, 2022. The Defense Counterintelligence and Security Agency issued a Statement of Reasons (SOR) on February 13, 2024, citing security concerns under Guideline E, which pertains to personal conduct. The SOR outlined multiple allegations, including a history of criminal charges ranging from assault to driving under the influence, and failure to disclose relevant information on his security clearance application.
The applicant admitted to several criminal charges, including assault and battery, DUI, and possession of controlled substances, while denying or not recalling others. He did not admit or deny two additional allegations added to the SOR, which were viewed as denials. The applicant's failure to disclose his criminal history and other relevant information on his application was noted as a significant concern, indicating a pattern of dishonesty and lack of candor.
The administrative judge ruled against the applicant, concluding that he had deliberately falsified his security clearance application and demonstrated a consistent pattern of misconduct over two decades. The judge found that the applicant did not provide sufficient evidence to mitigate the concerns raised, ultimately determining that granting him access to classified information would not be consistent with national security interests.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00660

deniedOct 24, 2024· Hon. Richard A. Cefola· hearing

Summary

A 51-year-old male applicant was denied a security clearance under Guideline E (Personal Conduct) due to a significant criminal history and a pattern of dishonesty on his security clearance application (SCA). The administrative judge found that granting clearance would not align with national security interests.

The applicant's criminal record included charges for Assault and Battery with a Dangerous Weapon (1991), Assault With Intent to Rob and Assault and Battery (1993), Operating Vehicle Under Influence (1997), and two charges of Operating Vehicle After a Suspended License (1997, 1998). He also faced charges for Possession of a Controlled Substance, Marijuana (1998, 2000), Domestic Assault and Battery (2001), and Possession of a Firearm without a License and without a Firearm ID Card (2012). Two allegations regarding felony Grand Larceny (1988 or 1989) and Driving Under the Influence (2006) were found for the applicant due to lack of authentication.

Furthermore, the applicant failed to list relatives and employment history on his May 2022 SCA. The denial was based on his significant criminal history, failure to disclose relevant information, and lack of prompt or good-faith efforts to correct his omissions or falsifications.

Why the Applicant Was Denied

The applicant had a significant history of criminal charges, including assault, DUI, and firearm violations.
He failed to disclose relevant information on his security clearance application, demonstrating a pattern of dishonesty.
The applicant did not make prompt or good-faith efforts to correct his omissions or falsifications.

Conditions Referenced

Disqualifying

AG ¶ 16 (a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16 (c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16 (d)raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedFeb 13, 2024
Answer filedMar 5, 2024
Hearing held—Decision made on the record without a hearing.
Decision dateOct 24, 2024

Cite For

Pattern of Dishonesty Under Guideline E
Failure to Disclose Relevant Information on Security Clearance Application
Impact of Criminal History on Security Clearance Eligibility

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 multiple allegations of personal conduct, including a history of criminal charges and failure to disclose relevant information on a security clearance application. The applicant's extensive criminal history and deliberate omissions were deemed significant enough to deny clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant was charged with Assault and Battery, Dangerous Weapon Knife in 1991.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.b	Applicant was charged with Assault With Intent to Rob And Assault and Battery in 1993.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.c	Applicant was charged with Operating Vehicle Under Influence (DUI) of Liquor in 1997.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	Applicant was charged with Operating Vehicle After a Suspended License in 1997.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	Applicant was charged a second time with Operating Vehicle After a Suspended License in February 1998.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	Applicant was charged with Possession of a Controlled Substance, Marijuana in 1998.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.h	Applicant was charged a second time with Possession of a Controlled Substance, Marijuana in 2000.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.i	Applicant does not recall being charged with Domestic Assault and Battery in February 2001, but this is supported by state criminal court records.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.j	Applicant was charged with Possession of a Firearm without a License and without a Firearm ID Card in 2012.	Against Applicant	Questionable Judgment General	—	Unknown	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.k	Applicant failed to list his relatives and employment history on his SCA in May 2022.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Unknown	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.m	Applicant was charged and convicted of 30 counts of felony Grand Larceny in 1988 or 1989, but this allegation is found for Applicant due to lack of authentication.	For Applicant	Questionable Judgment General	—	Unknown	—	—	—
1.n	Applicant was charged and convicted of Driving Under the Influence in 2006, but this allegation is found for Applicant due to lack of authentication.	For Applicant	Questionable Judgment General	—	Unknown	—	—	—

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

Full decision

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