ISCR Case 06-08600.h1

Case Headnote

ISCR Case No. 06-08600.h1

deniedNov 27, 2007· Hon. Shari Dam· hearing

Summary

A 40-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had a significant criminal history, primarily involving multiple alcohol-related offenses, and substantial unresolved financial debts.

Specifically, the applicant's criminal record included two misdemeanor charges for passing bad checks in 1993 and 1997, which were dismissed after restitution. More significantly, he had multiple alcohol-related convictions: Driving While Intoxicated (DWI) in February 1994, Physical Control while Under the Influence in November 1994, Operating a Motor Vehicle While Intoxicated (OWI) in August 1998, Public Intoxication in June 1999, and a felony OWI with a prior OWI within five years in May 2000, for which he served 90 days in various facilities. His most recent alcohol-related conviction was for OWI in September 2005, resulting in jail time and an alcohol assessment program.

Financially, the applicant had resolved a $21,977 tax levy through garnishment by July 2007 and paid a $136 delinquent debt. He disputed an $822 debt. However, he had not addressed or resolved 18 other debts totaling approximately $8,000, citing procrastination. Crucially, the applicant failed to disclose several criminal incidents from 1994 and 1999 on his security clearance application, despite disclosing others. This lack of full disclosure, combined with the extensive criminal history and unresolved financial issues totaling approximately $54,985, led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant's criminal history included multiple alcohol-related offenses over an eleven-year period, raising concerns about his judgment and reliability.
The applicant has unresolved delinquent debts totaling approximately $54,985, indicating financial irresponsibility.
The applicant failed to disclose all relevant criminal and financial information on his security clearance application.

Conditions Referenced

Disqualifying

JraisedCriminal Conduct
FraisedFinancial Considerations
EraisedPersonal Conduct

Mitigating

FappliedFinancial ConsiderationsThe applicant's financial problems were partly due to periods of unemployment and underemployment.
ErejectedPersonal ConductThe applicant did not provide sufficient evidence to demonstrate that his omissions on the SF-86 were unintentional.

Key Rule Quoted

“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security."”

Procedural Posture

SOR issuedJun 14, 2007
Answer filedAug 3, 2007
Hearing heldOct 25, 2007
Decision dateNov 27, 2007

Cite For

Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Financial Irresponsibility and Its Impact on Security Clearance Under Guideline F
Issues of Personal Conduct and Disclosure on Security Clearance Applications Under Guideline E

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	In response to Question 23 (Your Police Record) on the SF-86, Applicant disclosed two criminal charges: the August 1999 arrest (May 2000 conviction) alleged in ¶ 1.g of the SOR, and the March 2004 charge alleged in ¶ 1.h. He did not disclose the two 1994 alcohol related incidents listed in ¶ 1.b and ¶ 1.c, or the 1999 charge listed in ¶ 1.f. He was not required to list the 1997 bad check charge, as it occurred outside the seven-year limitation included in the question.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In response to Question 23 (Your Police Record) on the SF-86, Applicant disclosed two criminal charges: the August 1999 arrest (May 2000 conviction) alleged in ¶ 1.g of the SOR, and the March 2004 charge alleged in ¶ 1.h. He did not disclose the two 1994 alcohol related incidents listed in ¶ 1.b and ¶ 1.c, or the 1999 charge listed in ¶ 1.f. He was not required to list the 1997 bad check charge, as it occurred outside the seven-year limitation included in the question.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	In July 2007, Applicant completed his payments to the IRS, owed on a $21,977 tax levy for the years of 1991, 1992 and 1993, through a garnishment $21,977	For Applicant	Tax Unpaid	Admitted	—	(b) conditions largely beyond the person’s control; acted responsibly	—
2.d	He paid the $136 delinquent debt noted in ¶ 2.c. $136	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.e	He disputed the $822 debt listed in ¶ 2.e. $822	For Applicant	Unspecified Financial	Admitted	—	(e) reasonable, documented basis to dispute the debt	—
2.f	He has not addressed or resolved the remaining 18 debts, which totals approximately $8,000 due to 'procrastination.' $8,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

In July 2007, Applicant completed his payments to the IRS, owed on a $21,977 tax levy for the years of 1991, 1992 and 1993, through a garnishment

$21,977

For Applicant

Tax Unpaid

Admitted

—

(b) conditions largely beyond the person’s control; acted responsibly

—

2.d

He paid the $136 delinquent debt noted in ¶ 2.c.

$136

Against Applicant

Unspecified Financial

Admitted

—

2.e

He disputed the $822 debt listed in ¶ 2.e.

$822

For Applicant

Unspecified Financial

Admitted

—

(e) reasonable, documented basis to dispute the debt

—

2.f

He has not addressed or resolved the remaining 18 debts, which totals approximately $8,000 due to 'procrastination.'

$8,000

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

Claimed

Other

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In 1993 and 1997, Applicant was arrested and charged with Passing Bad Checks, both misdemeanors. He made restitution and the charges were dismissed.	Against Applicant	Fraud or Deception Criminal	Dismissed or Nolle Prossed	Admitted	—	—	—
1.b	In February 1994, the court found Applicant guilty of Driving While Intoxicated (DWI), a misdemeanor. It sentenced him to three days in jail (suspended), and fined him $350 ($150 suspended). The court placed him on probation for six months, ordered him to attend an alcohol awareness class, and suspended his driver’s license for 180 days.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In November 1994, the court found Applicant guilty of Physical Control while Under the Influence, a misdemeanor, sentenced him to 30 days in jail (suspended), and fined him $500. His driver’s license was suspended for 180 days.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In August 1998, the court found Applicant guilty of Operating a Motor Vehicle While Intoxicated (OWI), a misdemeanor. It sentenced him to 180 days (suspended), fined him $25, and placed him on probation for six months, during which time he attended alcohol awareness classes twice a week for four weeks. His driver’s license was suspended for 180 days.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In June 1999, Applicant fell asleep in his car after drinking at a bar and was arrested in the parking lot. The court found him guilty of Public Intoxication, sentenced him to 180 days in jail (160 suspended), and fined him $25.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	In August 1999, the police arrested and charged Applicant with (1) Driving While Suspended, a felony; (2) Operating a Vehicle While Intoxicated, a misdemeanor; (3) Operating a Motor Vehicle w/10% + by Wt. of Alc/blood, a misdemeanor; and (4) Operating While Intoxicated (OWI) with a prior OWI within five years, a felony. In May 2000, the court found him guilty on Count 4, and sentenced him to three years at a correctional center (all but 180 days suspended), and fined him $100. He served 30 days in prison, 30 days in a felony diagnostic center, and 30 days in a minimum security facility. After his release, he was placed on probation for 30 months and his driver’s license was suspended for 730 days (two years). The probation terminated in February 2003.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	In March 2004, the police arrested Applicant and charged him with a 3 OWI and Operating with a BAC.10 or more (2 ), both misdemeanors. In September 2005, the court found him guilty of the OWI and sentenced him to 65 days in jail, of which he served twelve. He was fined $1,186 and ordered to complete a twelve-week alcohol assessment program, consisting of weekly two-hour meetings. His driver’s license was revoked for two years, although he was allowed to drive to work the second year of probation. His license was reinstated in April 2007.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.h	Applicant does not believe he has an alcohol problem. Although he has been evaluated for alcoholism, he never received a diagnosis of either alcohol abuse or dependence. Rather, he has a predisposition toward alcoholism.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In 1993 and 1997, Applicant was arrested and charged with Passing Bad Checks, both misdemeanors. He made restitution and the charges were dismissed.

Against Applicant

Fraud or Deception Criminal

Dismissed or Nolle Prossed

Admitted

—

1.b

In February 1994, the court found Applicant guilty of Driving While Intoxicated (DWI), a misdemeanor. It sentenced him to three days in jail (suspended), and fined him $350 ($150 suspended). The court placed him on probation for six months, ordered him to attend an alcohol awareness class, and suspended his driver’s license for 180 days.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.c

In November 1994, the court found Applicant guilty of Physical Control while Under the Influence, a misdemeanor, sentenced him to 30 days in jail (suspended), and fined him $500. His driver’s license was suspended for 180 days.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.d

In August 1998, the court found Applicant guilty of Operating a Motor Vehicle While Intoxicated (OWI), a misdemeanor. It sentenced him to 180 days (suspended), fined him $25, and placed him on probation for six months, during which time he attended alcohol awareness classes twice a week for four weeks. His driver’s license was suspended for 180 days.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.e

In June 1999, Applicant fell asleep in his car after drinking at a bar and was arrested in the parking lot. The court found him guilty of Public Intoxication, sentenced him to 180 days in jail (160 suspended), and fined him $25.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.f

In August 1999, the police arrested and charged Applicant with (1) Driving While Suspended, a felony; (2) Operating a Vehicle While Intoxicated, a misdemeanor; (3) Operating a Motor Vehicle w/10% + by Wt. of Alc/blood, a misdemeanor; and (4) Operating While Intoxicated (OWI) with a prior OWI within five years, a felony. In May 2000, the court found him guilty on Count 4, and sentenced him to three years at a correctional center (all but 180 days suspended), and fined him $100. He served 30 days in prison, 30 days in a felony diagnostic center, and 30 days in a minimum security facility. After his release, he was placed on probation for 30 months and his driver’s license was suspended for 730 days (two years). The probation terminated in February 2003.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.g

In March 2004, the police arrested Applicant and charged him with a 3 OWI and Operating with a BAC.10 or more (2 ), both misdemeanors. In September 2005, the court found him guilty of the OWI and sentenced him to 65 days in jail, of which he served twelve. He was fined $1,186 and ordered to complete a twelve-week alcohol assessment program, consisting of weekly two-hour meetings. His driver’s license was revoked for two years, although he was allowed to drive to work the second year of probation. His license was reinstated in April 2007.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.h

Applicant does not believe he has an alcohol problem. Although he has been evaluated for alcoholism, he never received a diagnosis of either alcohol abuse or dependence. Rather, he has a predisposition toward alcoholism.

Against Applicant

Unspecified Criminal Conduct

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES