ISCR Case 15-08747.h1

Case Headnote

ISCR Case No. 15-08747.h1

deniedMar 30, 2018· Hon. Robert J. Tuidar· hearing

Summary

A 36-year-old field service representative and U.S. Army veteran was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from multiple arrests and a history of alcohol-related incidents, alongside discrepancies in his security clearance application.

Specifically, the applicant failed to disclose a January 2015 charge for weapon prohibited use-drunk with gun and an April 2006 driving while ability impaired charge on his February 2015 application. He also made several other errors on the application, including inconsistencies regarding residence, employment, education, and relatives. His criminal history included a March 2016 conviction for driving while ability impaired, resulting from a January 2015 incident, and a June 2007 reckless driving conviction while serving a deferred sentence from a 2006 driving while ability impaired conviction.

The judge determined that the applicant did not provide sufficient mitigating evidence to address concerns about his judgment and reliability. He failed to offer adequate proof of rehabilitation or character references, leading to significant doubts about his trustworthiness. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant did not mitigate security concerns related to criminal conduct, alcohol consumption, and personal conduct.
The applicant failed to provide sufficient evidence of rehabilitation or character references to support his case.
The judge noted that the applicant's admissions and the evidence presented raised significant doubts about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

JraisedCriminal Conduct
GraisedAlcohol Consumption
EraisedPersonal Conduct

Mitigating

JrejectedCriminal ConductNone of the criminal conduct mitigating conditions were fully applicable.
GrejectedAlcohol ConsumptionNone of the alcohol consumption mitigating conditions were fully applicable.
ErejectedPersonal ConductNone of the personal conduct mitigating conditions were fully applicable.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedJun 10, 2016
Answer filedJun 26, 2016Applicant elected to have the case decided on the written record.
Hearing held—No hearing; case decided on written record.
Decision dateMar 30, 2018

Cite For

Denial of Security Clearance Due to Unresolved Criminal Conduct Issues
Failure to Provide Mitigating Evidence for Alcohol-related Incidents
Insufficient Character Evidence to Mitigate Personal Conduct Concerns

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 list his January 2015 weapon prohibited use-drunk with gun charge on his February 2015 security clearance application.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Explanation of Omission Credible
3.b	Applicant failed to list his April 2006 driving while ability impaired charge on his February 2015 security clearance application.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	—	(c) offense is minor, long ago, infrequent, or unique circumstances	Claimed Explanation of Omission Credible
3.c	Applicant made several mistakes when completing his security clearance application, including discrepancies regarding residence/employment, education, and relatives.	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—
3.d	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to list his January 2015 weapon prohibited use-drunk with gun charge on his February 2015 security clearance application.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Explanation of Omission Credible

3.b

Applicant failed to list his April 2006 driving while ability impaired charge on his February 2015 security clearance application.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

—

(c) offense is minor, long ago, infrequent, or unique circumstances

Claimed

Explanation of Omission Credible

3.c

Applicant made several mistakes when completing his security clearance application, including discrepancies regarding residence/employment, education, and relatives.

For Applicant

Unspecified Personal Conduct

—

Denied

—

3.d

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Alcohol consumption concerns are cross-alleged in SOR ¶ 2.a with criminal conduct concerns in SOR ¶¶ 1.a and 1.b.	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Alcohol consumption concerns are cross-alleged in SOR ¶ 2.a with criminal conduct concerns in SOR ¶¶ 1.a and 1.b.

Against Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In January 2015, Applicant was charged with weapon prohibited use-drunk with gun, driving while ability impaired, driving under the influence per se, and speeding too fast for conditions. The district attorney dismissed weapon prohibited use-drunk with gun, driving under the influence per se, and speeding too fast for conditions. In March 2016, he was convicted of driving while ability impaired, and sentenced to 24 months of unsupervised probation, ordered to attend Level II alcohol education course and 68 hours of therapy to be completed within 22 months, 30 days in jail suspended, and no alcohol or illicit drugs for the duration of his probation. (SOR ¶¶ 1.a, 2.a; Items 2, 4, 5)	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.b	In June 2007, Applicant was charged with reckless driving, failure to display proof of insurance, failure to report an accident, and leaving the scene of an accident, all while serving a 12-month deferred sentence following his 2006 conviction. The district attorney dismissed the failure to display proof of insurance, failure to report an accident, and leaving the scene of an accident. Applicant pled guilty to reckless driving, and was sentenced to 25 hours of community service and to pay various fines and fees. (SOR ¶ 1.b; Items 2, 4, 6)	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—
1.c	In April 2006, Applicant was charged with driving while ability impaired and speeding. The district attorney dismissed the speeding charge. In June 2006, Applicant was found guilty of driving while ability impaired and received a 12 month deferred sentence within which he was required to complete 24 hours of community service, complete a Level II alcohol education course, pay various fines and fees, and receive no new offenses. (SOR ¶¶ 1.c, 2.a; Items 2, 4, 7)	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In January 2015, Applicant was charged with weapon prohibited use-drunk with gun, driving while ability impaired, driving under the influence per se, and speeding too fast for conditions. The district attorney dismissed weapon prohibited use-drunk with gun, driving under the influence per se, and speeding too fast for conditions. In March 2016, he was convicted of driving while ability impaired, and sentenced to 24 months of unsupervised probation, ordered to attend Level II alcohol education course and 68 hours of therapy to be completed within 22 months, 30 days in jail suspended, and no alcohol or illicit drugs for the duration of his probation. (SOR ¶¶ 1.a, 2.a; Items 2, 4, 5)

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(c) currently on parole or probation

—

1.b

In June 2007, Applicant was charged with reckless driving, failure to display proof of insurance, failure to report an accident, and leaving the scene of an accident, all while serving a 12-month deferred sentence following his 2006 conviction. The district attorney dismissed the failure to display proof of insurance, failure to report an accident, and leaving the scene of an accident. Applicant pled guilty to reckless driving, and was sentenced to 25 hours of community service and to pay various fines and fees. (SOR ¶ 1.b; Items 2, 4, 6)

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

(c) currently on parole or probation

—

1.c

In April 2006, Applicant was charged with driving while ability impaired and speeding. The district attorney dismissed the speeding charge. In June 2006, Applicant was found guilty of driving while ability impaired and received a 12 month deferred sentence within which he was required to complete 24 hours of community service, complete a Level II alcohol education course, pay various fines and fees, and receive no new offenses. (SOR ¶¶ 1.c, 2.a; Items 2, 4, 7)

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

(c) currently on parole or probation

—

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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

FOOTNOTES