ISCR Case 07-14683.h1

Case Headnote

ISCR Case No. 07-14683.h1

deniedFeb 17, 2010· Hon. LeRoy F. Foreman· hearing

Summary

A 29-year-old drawing clerk employed by a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant's history included arrests in July 2002 for felony charges related to maintaining a dwelling for marijuana sale, possession, and selling/delivering marijuana. He was also arrested in June 2004 for carrying a concealed weapon and marijuana possession.

The applicant was found to have falsified his security clearance application by deliberately failing to disclose these drug-related charges, a firearms offense, and a 2002 conviction for selling marijuana. Additionally, he entered a restricted area in February 2007 without the required clearance, indicating a pattern of rule violations.

Financial concerns included a $600 student loan that was over 180 days delinquent, despite the applicant stating it was satisfied. His credit report also showed an unpaid $143 medical bill and approximately $40,134 in student loans referred for collection. The judge determined that the applicant's history of drug offenses, failure to disclose critical information, and financial delinquencies raised significant doubts about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of drug-related offenses, including a conviction for selling marijuana.
He failed to disclose multiple arrests and a conviction on his security clearance application, raising questions about his honesty and reliability.
The applicant's financial delinquencies further contributed to concerns regarding his judgment and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)appliedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
AG ¶ 16(e)appliedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation
AG ¶ 16(g)appliedAssociation with Persons Involved in Criminal Activity

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”
— Executive Order 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedJul 30, 2009
Answer filedAug 17, 2009
Hearing heldNov 17, 2009
Decision dateFeb 17, 2010

Cite For

Disqualifying Conditions Under Guideline E Due to Personal Conduct and Dishonesty
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Financial Considerations Affecting Trustworthiness Under Guideline F

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	The applicant was arrested in July 2002 and charged with maintaining a dwelling place for the sale of marijuana, possession of marijuana, and selling or delivering marijuana, all felonies.	Against Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.b	The applicant was arrested in June 2004 and charged with carrying a concealed weapon and possession of marijuana.	Against Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.c	The applicant falsified his security clearance application by deliberately failing to disclose a firearms offense.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.d	The applicant falsified his security clearance application by deliberately failing to disclose drug-related charges in July 2002 and June 2004.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.e	The applicant falsified his security clearance application by deliberately failing to disclose marijuana use and a conviction of selling marijuana in 2002.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.f	The applicant entered a restricted area in February 2007 without the requisite security clearance.	Against Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.g	The applicant has a pattern of dishonesty or rule violations.	For Applicant	Pattern of Dishonesty or Rule Violations	—	Unknown	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The applicant was arrested in July 2002 and charged with maintaining a dwelling place for the sale of marijuana, possession of marijuana, and selling or delivering marijuana, all felonies.

Against Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.b

The applicant was arrested in June 2004 and charged with carrying a concealed weapon and possession of marijuana.

Against Applicant

Questionable Judgment General

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.c

The applicant falsified his security clearance application by deliberately failing to disclose a firearms offense.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

1.d

The applicant falsified his security clearance application by deliberately failing to disclose drug-related charges in July 2002 and June 2004.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

1.e

The applicant falsified his security clearance application by deliberately failing to disclose marijuana use and a conviction of selling marijuana in 2002.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

—

1.f

The applicant entered a restricted area in February 2007 without the requisite security clearance.

Against Applicant

Rules Violation at Workplace

—

Admitted

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.g

The applicant has a pattern of dishonesty or rule violations.

For Applicant

Pattern of Dishonesty or Rule Violations

—

Unknown

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—
3.b	Applicant disclosed a $600 student loan that had been more than 180 days delinquent, but he stated on his application that the loan was satisfied. His credit report dated September 10, 2009, reflected an unpaid medical bill for $143, with last activity in July 2006, and numerous student loans referred for collection and totaling about $40,134. $600	Against Applicant	Student Loan Debt	Admitted	(b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	Claimed Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

3.b

Applicant disclosed a $600 student loan that had been more than 180 days delinquent, but he stated on his application that the loan was satisfied. His credit report dated September 10, 2009, reflected an unpaid medical bill for $143, with last activity in July 2006, and numerous student loans referred for collection and totaling about $40,134.

$600

Against Applicant

Student Loan Debt

Admitted

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

Claimed

Debt Paid in Full

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The SOR alleges that the applicant was arrested in July 2002 for maintaining a dwelling place for the sale of marijuana, possession of marijuana, and selling or delivering marijuana, all felonies.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—
2.b	The SOR alleges that the applicant was arrested in June 2004 for carrying a concealed weapon and possession of marijuana.	Against Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (d) violation of parole/probation or failure to complete a court program	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The SOR alleges that the applicant was arrested in July 2002 for maintaining a dwelling place for the sale of marijuana, possession of marijuana, and selling or delivering marijuana, all felonies.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

2.b

The SOR alleges that the applicant was arrested in June 2004 for carrying a concealed weapon and possession of marijuana.

Against Applicant

Weapons Offense

Convicted

Admitted

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

(c) currently on parole or probation

(d) violation of parole/probation or failure to complete a court program

—

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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