ISCR Case 06-08598.h1

Case Headnote

ISCR Case No. 06-08598.h1

deniedDec 13, 2007· Hon. Paul J. Mason· hearing

Summary

A 44-year-old hydraulics engineer was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), stemming from a pattern of criminal behavior and issues with candor.

The applicant had three DUI-related incidents: one in December 1990, reduced to reckless driving; another in November 2000, also reduced to reckless driving; and a third in June 2003, which involved leaving the scene of an accident with personal injury. For the June 2003 incident, he was found guilty of four charges, later pleading guilty to one count of leaving the scene of an accident involving personal injury, a third-degree felony. His sentence included 15 weekends at a county farm, $284.00 in court costs and fees, $115,000.00 in victim restitution, and probation until February 2009.

Further issues arose from his failure to report the June 2003 incident to his facility security officer (FSO) and providing false information about its date when he eventually did report it. He also declined to provide a written financial statement to an OPM investigator. The judge found his explanations for not reporting the June 2003 incident to be unreasonable and not credible, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a pattern of criminal behavior, including multiple DUI offenses and leaving the scene of an accident.
The applicant's explanations for the delay in reporting the June 2003 incident were deemed unreasonable and not credible.
The applicant's poor judgment in failing to report the incident to his facility security officer undermined his reliability and trustworthiness.

Conditions Referenced

Disqualifying

J DC 31.a.raisedCriminal Conduct
E DC 16.a.raisedPersonal Conduct

Mitigating

J MC 32.a.rejectedTime Elapsed Since Criminal BehaviorThe mere passage of time does not mitigate concerns due to ongoing probation.
J MC 32.d.appliedEvidence of Successful RehabilitationLimited mitigation due to compliance with probation terms and absence of subsequent criminal activity.

Key Rule Quoted

“"Conduct that involves questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations, may also raise questions about an individual’s reliability, trustworthiness and ability to safeguard classified information."”

Procedural Posture

SOR issuedApr 17, 2007
Answer filedMay 21, 2007
Hearing heldOct 11, 2007
Decision dateDec 13, 2007

Cite For

Pattern of Criminal Behavior Under Guideline J
Credibility of Explanations for Not Reporting Incidents Under Guideline E
Impact of Ongoing Probation 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.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to report an incident involving leaving the scene of an accident to his facility security officer (FSO).	Against Applicant	Failure to Report Required Information	Criminal Conduct	Denied	—	—	—
2.b	Applicant provided false information regarding the date of the incident when he reported it to the FSO.	Against Applicant	Lack of Candor in Interview	Criminal Conduct	Denied	—	—	—
2.c	Applicant declined to provide a written financial statement to an investigator of the Office of Personnel Management (OPM).	For Applicant	Omission or Failure to Disclose	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to report an incident involving leaving the scene of an accident to his facility security officer (FSO).

Against Applicant

Failure to Report Required Information

Criminal Conduct

Denied

—

2.b

Applicant provided false information regarding the date of the incident when he reported it to the FSO.

Against Applicant

Lack of Candor in Interview

Criminal Conduct

Denied

—

2.c

Applicant declined to provide a written financial statement to an investigator of the Office of Personnel Management (OPM).

For Applicant

Omission or Failure to Disclose

—

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested for driving while under the influence of alcohol (DUI) in December 1990. A plea bargain reduced the DUI to a less serious offense of reckless driving. Applicant’s sentence included court costs, community service and six months probation. He successfully completed all conditions of his sentence.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	On or about November 22, 2000, Applicant was charged with DUI after being found asleep in his vehicle. He pled guilty to the lesser offense of reckless driving and was sentenced to six months probation, court costs, 50 hours community service and alcohol counseling. He successfully completed all conditions of his sentence, including counseling.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	Applicant was charged with two counts of leaving the scene of an accident involving personal injury and two counts of reckless driving. He was found guilty of the four charges. On November 10, 2003, Applicant pled guilty to one count of leaving the scene offense involving personal injury, third degree felony, and was sentenced to 15 weekends at the local county farm, required to pay court costs and fees totaling $284.00, ordered to provide restitution to the victims in the amount of $115,000.00, and placed on probation until February 24, 2009.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested for driving while under the influence of alcohol (DUI) in December 1990. A plea bargain reduced the DUI to a less serious offense of reckless driving. Applicant’s sentence included court costs, community service and six months probation. He successfully completed all conditions of his sentence.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.b

On or about November 22, 2000, Applicant was charged with DUI after being found asleep in his vehicle. He pled guilty to the lesser offense of reckless driving and was sentenced to six months probation, court costs, 50 hours community service and alcohol counseling. He successfully completed all conditions of his sentence, including counseling.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.c

Applicant was charged with two counts of leaving the scene of an accident involving personal injury and two counts of reckless driving. He was found guilty of the four charges. On November 10, 2003, Applicant pled guilty to one count of leaving the scene offense involving personal injury, third degree felony, and was sentenced to 15 weekends at the local county farm, required to pay court costs and fees totaling $284.00, ordered to provide restitution to the victims in the amount of $115,000.00, and placed on probation until February 24, 2009.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

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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

CONCLUSION

WHOLE PERSON CONCEPT

FORMAL FINDINGS

DECISION

FOOTNOTES