ISCR Case 15-00659.h1

Case Headnote

ISCR Case No. 15-00659.h1

deniedApr 24, 2017· Hon. Gina L. Marine· hearing

Summary

A 29-year-old IT technician with military service was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of misconduct and a lack of candor regarding marijuana use. The Statement of Reasons detailed multiple criminal charges and incidents of personal misconduct spanning several years. These included assaults in 2005 and 2006, a 2008 conviction for possessing a firearm while under 21, and criminal charges in 2007 for disturbing the peace and operating a vehicle while intoxicated, which resulted in property damage.

Further allegations included a 2008 marijuana possession charge, an involuntary separation from the U.S. Army in 2008 for misconduct, and a 2012 conviction for driving with suspended registration. The applicant also denied a 2010 assault charge but admitted to a threatening shouting match. A significant concern was the applicant's failure to disclose marijuana use on his 2006 and 2009 Security Clearance Applications (SCAs), in 2014 Interrogatories, and during security clearance interviews in 2009 and 2010.

The denial was based on the applicant's intentional falsification of material facts on his SCAs and Interrogatories, his pattern of misconduct and questionable judgment, and his failure to demonstrate that such behavior was unlikely to recur. The judge found the applicant's admissions of wrongdoing insufficient to mitigate the security concerns.

Why the Applicant Was Denied

The applicant intentionally falsified materially relevant facts on both his 2006 and 2009 SCAs and in his response to 2014 Interrogatories.
The applicant's pattern of misconduct and questionable judgment raised significant concerns about his reliability and trustworthiness.
The applicant failed to demonstrate that his past behavior was unlikely to recur.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant failed to correct the falsifications before being confronted.
AG ¶ 17(b)rejectedImproper or Inadequate Advice of Authorized PersonnelDoubts about whether the applicant's recruiter directed him to answer 'no' to drug questions.
AG ¶ 17(c)rejectedMinor Offense or Unlikely to RecurThe applicant's pattern of misconduct and lack of candor continued beyond 2008.
AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingThe applicant did not take responsibility for all allegations and failed to demonstrate behavioral change.

Key Rule Quoted

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

Procedural Posture

SOR issuedOct 17, 2015
Answer filedDec 9, 2015
Hearing heldFeb 2, 2017
Decision dateApr 24, 2017

Cite For

Denial Based on Intentional Falsification of Security Clearance Applications
Pattern of Misconduct Impacting Security Clearance Eligibility
Lack of Candor Regarding Drug Use as a Disqualifying Factor

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	Applicant assaulted individuals during fights that occurred in 2005 while he was in high school at age 17	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.b	Applicant assaulted individuals during fights that occurred in 2006 while he was in the military at age 18	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.c	Applicant was convicted in 2008 of possession of a firearm while under the age of 21 relating to an incident that occurred in 2007	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
1.d	In 2007, Applicant was charged criminally after ignoring the orders of a police officer, who observed Applicant to be yelling in a manner that he deemed to be disturbing the peace	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
1.e	In 2007, Applicant was charged criminally after he operated a vehicle while intoxicated resulting in damage to the garage where it had been parked	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.f	In 2008, Applicant was charged with possession of marijuana after he admitted to a police officer that the marijuana found in the vehicle that he was driving belonged to him	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
1.g	In 2008, Applicant was involuntarily separated from the U.S. Army for a pattern of misconduct to include the incidents alleged in SOR ¶¶ 1.d. and 1.e	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.h	Applicant denied committing an assault as charged in November 2010, but did admit to engaging in a shouting match with a woman who believed he was threatening	For Applicant	Questionable Judgment General	—	Denied	—	—	—
1.i	In 2012, Applicant was convicted of driving with suspended registration	For Applicant	Questionable Judgment General	—	Denied	—	—	—
1.j	Applicant failed to list any marijuana use on either his 2006 or 2009 SCA by answering 'no' to the relevant questions	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.k	Applicant failed to disclose his complete history of marijuana use in his response to 2014 Interrogatories	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.l	Applicant did not discuss his marijuana use during either his October 2009 or December 2010 security clearance interviews	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant assaulted individuals during fights that occurred in 2005 while he was in high school at age 17

Against Applicant

Questionable Judgment General

—

Admitted

—

1.b

Applicant assaulted individuals during fights that occurred in 2006 while he was in the military at age 18

Against Applicant

Questionable Judgment General

—

Admitted

—

1.c

Applicant was convicted in 2008 of possession of a firearm while under the age of 21 relating to an incident that occurred in 2007

Against Applicant

Questionable Judgment General

—

Denied

—

1.d

In 2007, Applicant was charged criminally after ignoring the orders of a police officer, who observed Applicant to be yelling in a manner that he deemed to be disturbing the peace

Against Applicant

Questionable Judgment General

—

Denied

—

1.e

In 2007, Applicant was charged criminally after he operated a vehicle while intoxicated resulting in damage to the garage where it had been parked

Against Applicant

Questionable Judgment General

—

Admitted

—

1.f

In 2008, Applicant was charged with possession of marijuana after he admitted to a police officer that the marijuana found in the vehicle that he was driving belonged to him

Against Applicant

Questionable Judgment General

—

Denied

—

1.g

In 2008, Applicant was involuntarily separated from the U.S. Army for a pattern of misconduct to include the incidents alleged in SOR ¶¶ 1.d. and 1.e

Against Applicant

Questionable Judgment General

—

Admitted

—

1.h

Applicant denied committing an assault as charged in November 2010, but did admit to engaging in a shouting match with a woman who believed he was threatening

For Applicant

Questionable Judgment General

—

Denied

—

1.i

In 2012, Applicant was convicted of driving with suspended registration

For Applicant

Questionable Judgment General

—

Denied

—

1.j

Applicant failed to list any marijuana use on either his 2006 or 2009 SCA by answering 'no' to the relevant questions

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

(b) deliberately providing false information to an investigator or official

—

1.k

Applicant failed to disclose his complete history of marijuana use in his response to 2014 Interrogatories

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

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

(b) deliberately providing false information to an investigator or official

—

1.l

Applicant did not discuss his marijuana use during either his October 2009 or December 2010 security clearance interviews

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

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

(b) deliberately providing false information to an investigator or official

—

Loading case…

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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES