ISCR Case 06-17187.h1

Case Headnote

ISCR Case No. 06-17187.h1

deniedMay 31, 2007· Hon. Joan Caton Anthony· hearing

Summary

A 40-year-old Claims Analyst III was denied a public trust position due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The applicant's history included multiple criminal offenses and a significant delinquent debt, which he failed to disclose on his Public Trust Position Application (SF-85P).

Specific allegations included a June 1996 arrest for DUI with a Prior and DUI with a blood alcohol content of .10 or higher, and a June 1998 arrest for Failure to Appear/DUI. Additionally, the applicant was cited in July 2003 for No Current Registration and No Valid Driver’s License, incurring a $635 fine, with $601.24 still owed as of February 2005. Warrants were issued in 1994 and 2003 for failure to appear, with cases remaining open as of January 2005. The applicant also failed to list a $5,271 student loan debt to the U.S. Department of Education.

The denial was based on the applicant's history of criminal behavior, including DUI offenses and non-compliance with court orders, and the deliberate falsification of his SF-85P regarding his criminal history and financial obligations. The applicant did not provide sufficient credible evidence to mitigate these security concerns.

Why the Applicant Was Denied

The applicant had a history of criminal behavior, including multiple DUI offenses and failure to comply with court orders.
The applicant falsified his answers on the SF-85P regarding his criminal history and financial obligations, which was deemed deliberate.
The applicant did not provide credible evidence to mitigate the security concerns raised by his conduct.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged.
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.

Mitigating

E2.A10.1.3.1rejectedThe Criminal Behavior Was Not Recent and There Is Evidence of Rehabilitation.The applicant failed to provide credible evidence of rehabilitation.
E2.A5.1.3.1rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Omission, Concealment, or Falsification Before Being Confronted with the Facts.The applicant did not make good-faith efforts to correct his omissions.

Key Rule Quoted

“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”

Procedural Posture

SOR issuedSep 26, 2006
Answer filedOct 17, 2006Applicant requested decision on the record.
Hearing held—
Decision dateMay 31, 2007

Cite For

Failure to Disclose Criminal History on Security Clearance Applications Under Guideline E
Impact of Falsification on Trustworthiness Determinations Under Guideline J
Criteria for Evaluating Rehabilitation 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
2.a	Applicant deliberately failed to list the information set forth in subparagraphs 1.c. and 1.d. of the amended SOR.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	Applicant failed to list the citation and fine he received on about July 6, 2003, as alleged in ¶ 1.e. of the SOR.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	Applicant failed to list a debt to the U.S. Department of Education for a student loan of approximately $5,271.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	The Government alleged that Applicant’s July 6, 2003, citation and subsequent fine for No Current Registration and No Valid Driver’s License, demonstrated disqualifying conduct under Guideline E.	Against Applicant	Rules Violation at Workplace	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately failed to list the information set forth in subparagraphs 1.c. and 1.d. of the amended SOR.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.b

Applicant failed to list the citation and fine he received on about July 6, 2003, as alleged in ¶ 1.e. of the SOR.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.c

Applicant failed to list a debt to the U.S. Department of Education for a student loan of approximately $5,271.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.d

The Government alleged that Applicant’s July 6, 2003, citation and subsequent fine for No Current Registration and No Valid Driver’s License, demonstrated disqualifying conduct under Guideline E.

Against Applicant

Rules Violation at Workplace

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant failed to comply with the order; that a probation revocation hearing was set for October 23, 2003; that Applicant failed to appear for the hearing, a warrant was issued, and as of January 2005, the warrant was still active. (Item 1; Amended SOR ¶ 1.a.)	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	Applicant neither admitted nor denied, that a warrant was subsequently issued on June 15, 1994. The Government alleged that, as of January 2005, the case was still open. (Item 1; Amended SOR ¶ 1.b.)	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	The Government alleged, and Applicant admitted, that on about June 16, 1996, he was arrested and charged with (1) DUI with a Prior and (2) DUI with a blood alcohol content of .10 or higher. (Item 1; Amended SOR ¶ 1.c.)	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	The Government alleged, and Applicant admitted, that on about June 21, 1998, he was arrested and charged with Failure to Appear/DUI, posted bond, and was released. (Item 1; Amended SOR ¶ 1.d.)	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	On about July 6, 2003, Applicant was cited for (1) No Current Registration and (2) No Valid Driver’s License and was fined $635. The Government further alleged that, as of February 8, 2005, the case was still open and Applicant owed $601.24. (Item 1; Amended SOR ¶ 1.e.)	For Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant failed to comply with the order; that a probation revocation hearing was set for October 23, 2003; that Applicant failed to appear for the hearing, a warrant was issued, and as of January 2005, the warrant was still active. (Item 1; Amended SOR ¶ 1.a.)

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.b

Applicant neither admitted nor denied, that a warrant was subsequently issued on June 15, 1994. The Government alleged that, as of January 2005, the case was still open. (Item 1; Amended SOR ¶ 1.b.)

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

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

(c) currently on parole or probation

—

1.c

The Government alleged, and Applicant admitted, that on about June 16, 1996, he was arrested and charged with (1) DUI with a Prior and (2) DUI with a blood alcohol content of .10 or higher. (Item 1; Amended SOR ¶ 1.c.)

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

—

1.d

The Government alleged, and Applicant admitted, that on about June 21, 1998, he was arrested and charged with Failure to Appear/DUI, posted bond, and was released. (Item 1; Amended SOR ¶ 1.d.)

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

1.e

On about July 6, 2003, Applicant was cited for (1) No Current Registration and (2) No Valid Driver’s License and was fined $635. The Government further alleged that, as of February 8, 2005, the case was still open and Applicant owed $601.24. (Item 1; Amended SOR ¶ 1.e.)

For Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

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

(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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

DECISION

FOOTNOTES