ISCR Case 07-11018.h1

Case Headnote

ISCR Case No. 07-11018.h1

deniedJul 1, 2007· Hon. David M. White· hearing

Summary

A 37-year-old defense contractor and former Navy service member was denied a security clearance due to concerns under Guidelines E (Personal Conduct), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from a pattern of criminal conduct, including a 2002 DUI, a 2005 false report of identity theft, and a 2006 hit-and-run incident.

Specifically, the applicant was convicted of negligent driving following a DUI in 2002, with a recorded BAC of .145%. In 2005, he falsely reported identity theft to avoid a phone bill and deliberately omitted this charge from his clearance application. The following year, he fled the scene of a minor accident.

While the applicant had been diagnosed with alcohol abuse, completed an alcohol treatment program with a favorable prognosis, and resumed moderate drinking, these mitigating factors were insufficient. The judge determined that the applicant's history, particularly the false reporting and fleeing an accident, demonstrated significant concerns regarding his judgment and reliability, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant committed a DUI with a BAC of .145% and was convicted of negligent driving.
He falsely reported identity theft to evade a phone bill and omitted this charge on his clearance application.
The applicant fled the scene of a minor accident, raising concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

E2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
G2.araisedAlcohol-related Incidents Away From Work
J1.araisedA Single Serious Crime or Multiple Lesser Offenses
J1.craisedAllegation or Admission of Criminal Conduct

Mitigating

G2.aappliedSo Much Time Has Passed Since the Criminal Behavior
G2.bappliedAcknowledgment of Alcohol Issues and Actions Taken to Overcome Them
G2.dappliedSuccessful Completion of Treatment and Favorable Prognosis
J2.arejectedTime Elapsed Since Criminal BehaviorThe pattern of criminal behavior raised ongoing concerns.
J2.drejectedEvidence of Successful RehabilitationThe applicant's recent criminal conduct undermined claims of rehabilitation.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 25, 2008
Answer filedMar 15, 2008
Hearing heldMay 29, 2008
Decision dateAug 26, 2008

Cite For

Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Mitigating Conditions for Alcohol Consumption Under Guideline G
Issues of Personal Conduct and Dishonesty 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	Applicant deliberately omitted being charged with the false reporting offense on his clearance application.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately omitted being charged with the false reporting offense on his clearance application.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol-related incidents, including a DUI in 2002.	For Applicant	DUI or DWI Alcohol	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence	—
2.b	The applicant has been diagnosed with alcohol abuse by a licensed clinical social worker.	For Applicant	Alcohol Use Disorder Diagnosed	Admitted	(e) failure to follow treatment advice once diagnosed	(b) acknowledges the pattern and has established modified use or abstinence (c) participating in counseling/treatment with satisfactory progress, no prior relapse (d) completed treatment and aftercare with established abstinence/modified use	Documented Abstinence Period Documented
2.c	The applicant has completed an alcohol treatment program and has a favorable prognosis.	For Applicant	Treatment Non Compliance	Admitted	—	(b) acknowledges the pattern and has established modified use or abstinence (d) completed treatment and aftercare with established abstinence/modified use	Credited Substance Treatment Completed
2.d	The applicant has resumed drinking in moderation after treatment.	For Applicant	Continued Use After Treatment	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including a DUI in 2002.

For Applicant

DUI or DWI Alcohol

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

—

2.b

The applicant has been diagnosed with alcohol abuse by a licensed clinical social worker.

For Applicant

Alcohol Use Disorder Diagnosed

Admitted

(e) failure to follow treatment advice once diagnosed

(b) acknowledges the pattern and has established modified use or abstinence

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

(d) completed treatment and aftercare with established abstinence/modified use

Documented

Abstinence Period Documented

2.c

The applicant has completed an alcohol treatment program and has a favorable prognosis.

For Applicant

Treatment Non Compliance

Admitted

—

(b) acknowledges the pattern and has established modified use or abstinence

(d) completed treatment and aftercare with established abstinence/modified use

Credited

Substance Treatment Completed

2.d

The applicant has resumed drinking in moderation after treatment.

For Applicant

Continued Use After Treatment

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant committed a DUI in 2002, and was convicted of a lesser offense after completing a pretrial diversion agreement and alcohol treatment.	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.b	He falsely reported identity theft in 2005 to avoid a phone bill.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(c) currently on parole or probation	—	—
1.c	He ran away from the scene of a minor accident in 2006.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Admitted	(c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant committed a DUI in 2002, and was convicted of a lesser offense after completing a pretrial diversion agreement and alcohol treatment.

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.b

He falsely reported identity theft in 2005 to avoid a phone bill.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(c) currently on parole or probation

—

1.c

He ran away from the scene of a minor accident in 2006.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Admitted

(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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION