ISCR Case 23-02853

Case Headnote

ISCR Case No. 23-02853

deniedOct 2, 2024· Hon. Charles C. Hale· hearing

Summary

A 53-year-old female applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from her admitted falsification of information on multiple Electronic Questionnaires for Investigations Processing (e-QIP) applications. Specifically, on July 25, 2022, and September 16, 2019, she falsely answered "No" to questions regarding prior felony charges and charges related to alcohol or drugs, deliberately failing to disclose her criminal history.

The Statement of Reasons detailed these falsifications, citing her failure to disclose felony and drug/alcohol-related charges. While the applicant's past criminal conduct raised concerns under Guideline J, the judge applied mitigating conditions to those issues. However, the primary basis for denial was the unmitigated concerns under Guideline E.

The judge found the applicant's explanations for her omissions lacked credibility, noting she only disclosed her criminal history after repeated questioning. These false statements were considered significant because they undermined the integrity of the security clearance process itself, leading to the ultimate denial of her clearance.

Why the Applicant Was Denied

The applicant admitted to falsifying material facts on her security clearance applications regarding her criminal history.
The judge found the applicant's explanations for her omissions to be not credible, as she only disclosed her criminal history under repeated questioning.
The applicant's false statements were deemed significant as they undermined the integrity of the security clearance process.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant's explanations were not credible.
AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's false statements were not considered minor.
AG ¶ 26(a)appliedTime Elapsed Since Criminal BehaviorThe applicant's criminal conduct occurred between 1995 and 1999 with no further involvement since.
AG ¶ 26(d)appliedEvidence of Successful RehabilitationThe applicant demonstrated rehabilitation through her employment history and character evidence.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 12, 2024
Answer filedApr 19, 2024
Hearing held—Decision made on the written record without a hearing.
Decision dateOct 2, 2024

Cite For

Denial of Security Clearance Due to Falsification of Application Under Guideline E
Mitigation of Criminal Conduct Under Guideline J
Credibility of Applicant's Explanations in Security Clearance Cases

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	Falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on July 25, 2022, in your response to "Section 22 -Police Record (EVER) Other than those offenses already listed, have you EVER had the following happen to you? ... Have you EVER been charged with any felony offense? ... Have you EVER been charged with an offense involving alcohol or drugs?"	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.b	Falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on September 16, 2019, in your response to "Section 22 Police Record c. Have you EVER been charged with any felony offense?" You answered "No" and thereby deliberately failed to disclose that you were arrested and charged with a Felony set forth in subparagraph 2.b., below.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.c	Applicant falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on September 16, 2019, in your response to "Section 22 Police Record e. Have you ever been charged with any offenses(s) related to alcohol or drugs?" You answered "No" and thereby deliberately failed to disclose that you were charged with drug/alcohol related offense as set forth in subparagraphs 2.a., below.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on July 25, 2022, in your response to "Section 22 -Police Record (EVER) Other than those offenses already listed, have you EVER had the following happen to you? ... Have you EVER been charged with any felony offense? ... Have you EVER been charged with an offense involving alcohol or drugs?"

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.b

Falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on September 16, 2019, in your response to "Section 22 Police Record c. Have you EVER been charged with any felony offense?" You answered "No" and thereby deliberately failed to disclose that you were arrested and charged with a Felony set forth in subparagraph 2.b., below.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.c

Applicant falsified material facts on an Electronic Questionnaires for Investigations Processing (e-QIP), executed by you on September 16, 2019, in your response to "Section 22 Police Record e. Have you ever been charged with any offenses(s) related to alcohol or drugs?" You answered "No" and thereby deliberately failed to disclose that you were charged with drug/alcohol related offense as set forth in subparagraphs 2.a., below.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—
2.b	Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.	For Applicant	Theft or Larceny	Conduct No Charge	Admitted	—	—	—
2.c	Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

—

2.b

Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.

For Applicant

Theft or Larceny

Conduct No Charge

Admitted

—

2.c

Evidence of criminal conduct, regardless of whether the individual was formally charged, prosecuted, or convicted.

For Applicant

Assault or Battery

Conduct No Charge

Admitted

—

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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