ISCR Case 07-10400.h1

Case Headnote

ISCR Case No. 07-10400.h1

deniedOct 31, 2008· Hon. Charles D. Ablard· hearing

Summary

A 36-year-old warehouse specialist, employed by a defense contractor since 2004, was denied a security clearance due to concerns under Guideline J (Criminal Conduct) and Guideline E (Personal Conduct). The applicant had a criminal record spanning over a dozen years, beginning in 1992 with a felony burglary charge, resulting in probation and jail time. Subsequent incidents included a 1993 misdemeanor marijuana possession, a 1996 open container citation, and a 1997 arrest for transporting narcotics, which was dismissed. His last arrest was in December 2003 for marijuana possession, leading to a guilty plea, three years of probation, and fines totaling $365.

Additionally, the applicant was alleged to have falsified material facts on his security clearance application (SF 86) by failing to accurately answer questions regarding his police record and drug activity. This deliberate omission raised further concerns about his personal conduct and trustworthiness.

Despite acknowledging his past actions and expressing a desire for change, the applicant failed to provide sufficient evidence of rehabilitation. The most recent criminal conduct occurred less than five years prior to the decision, and the deliberate omissions on his application were not adequately mitigated. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant has a lengthy criminal history, including multiple arrests and convictions, which raises doubts about his judgment and reliability.
The applicant deliberately omitted relevant information from his security clearance application, undermining his trustworthiness.
Insufficient evidence of rehabilitation was presented, and the most recent criminal conduct occurred less than five years ago.

Conditions Referenced

Disqualifying

J30raisedCriminal Conduct
E15raisedPersonal Conduct

Mitigating

J32rejectedCriminal Conduct MitigationAlthough time has passed since the last offense, the applicant has not demonstrated sufficient rehabilitation.
E17rejectedPersonal Conduct MitigationThe applicant's deliberate omissions on the application were not minor and occurred recently.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 24, 2008
Answer filedMay 13, 2008Applicant elected to proceed without a hearing.
Decision dateOct 31, 2008

Cite For

Disqualifying Conditions Under Guideline J Due to a History of Criminal Conduct
Disqualifying Conditions Under Guideline E Due to Deliberate Omissions on a Security Clearance Application
Insufficient Evidence of Rehabilitation in the Context of Recent Criminal Activity

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 is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.b	Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.c	Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.d	Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.b

Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.c

Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.d

Applicant is alleged to have falsified material facts in response to Questions 23 and 24 on his application for a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant has a record over a dozen years of criminal activity which is alleged under Guideline J as criminal conduct (SOR ¶¶ 1.a.-e.). These activities began in 1992 when he was 20 years old when he was arrested and charged with felony burglary and sentenced to summary probation for 3 years and 70 days in county jail.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In 1993 when he was arrested and charged with misdemeanor marijuana possession of less than an ounce and fined.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In April 1996 he was cited for having an open container of alcohol in an automobile, found guilty and fined.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	Less than a year later in 1997 he was arrested and charged with transporting narcotics. The charges were dismissed because the drugs were in the possession of a passenger.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	His last arrest was in December, 2003 when he was charged with possession of less than one ounce of marijuana in a vehicle. He plead guilty and was sentenced to three years of summary probation and paid fines and fees totaling $365.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	Applicant was also alleged to have violated 18 U.S.C. § 1001 by failing to answer correctly on his SF 86 Question 23 relating to his police record and Question 24 relating to drug activity.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	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 has a record over a dozen years of criminal activity which is alleged under Guideline J as criminal conduct (SOR ¶¶ 1.a.-e.). These activities began in 1992 when he was 20 years old when he was arrested and charged with felony burglary and sentenced to summary probation for 3 years and 70 days in county jail.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

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

—

1.b

In 1993 when he was arrested and charged with misdemeanor marijuana possession of less than an ounce and fined.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

—

1.c

In April 1996 he was cited for having an open container of alcohol in an automobile, found guilty and fined.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

1.d

Less than a year later in 1997 he was arrested and charged with transporting narcotics. The charges were dismissed because the drugs were in the possession of a passenger.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

—

1.e

His last arrest was in December, 2003 when he was charged with possession of less than one ounce of marijuana in a vehicle. He plead guilty and was sentenced to three years of summary probation and paid fines and fees totaling $365.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

—

1.f

Applicant was also alleged to have violated 18 U.S.C. § 1001 by failing to answer correctly on his SF 86 Question 23 relating to his police record and Question 24 relating to drug activity.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

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

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION