ISCR Case 07-16388.h1

Case Headnote

ISCR Case No. 07-16388.h1

deniedJul 1, 2007· Hon. LeRoy F. Foreman· hearing

Summary

A 65-year-old principal systems engineer with a history of security clearances was denied a security clearance under Guideline E (Personal Conduct) due to his concealment of foreign contacts and travel.

The applicant was alleged to have resumed a relationship with a foreign contact in May or June 2005, despite being instructed in April 2005 to terminate the relationship or lose his clearance. He then traveled to Hong Kong in June and July 2005 without employer approval. In July 2006, when applying to continue his clearance, he disclosed leaving a job under unfavorable circumstances but omitted his attempt to conceal a foreign contact in Hong Kong. During a September 2006 interview with a security investigator, he stated he was laid off for "lack of work" and did not disclose initiating foreign contact during his Hong Kong trip.

The denial was based on the applicant's deliberate concealment of a week-long contact with a Chinese national during his Hong Kong trip and his provision of false statements during the security clearance application process and a subsequent interview. These actions raised multiple disqualifying conditions under Guideline E, including a lack of candor and violation of employer rules regarding foreign contacts.

Why the Applicant Was Denied

The applicant deliberately concealed his week-long contact with a Chinese national during a trip to Hong Kong.
He provided false statements during the security clearance application process and an interview with a security investigator.
The applicant's actions raised multiple disqualifying conditions under Guideline E, including lack of candor and violation of employer rules regarding foreign contacts.

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 Indicating Questionable Judgment
AG ¶ 16(d)appliedCredible Adverse Information Not Covered Under Other Guidelines
AG ¶ 16(e)appliedPersonal Conduct Creating Vulnerability to Exploitation
AG ¶ 16(f)appliedViolation of Written or Recorded Commitment to Employer

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the revised adjudicative guidelines (AG).”

Procedural Posture

SOR issuedJul 8, 2008
Answer filedAug 12, 2008
Hearing heldFeb 2, 2009
Decision date—

Cite For

Disqualifying Conditions Related to Personal Conduct Under Guideline E
Issues of Lack of Candor in Security Clearance Applications
The Importance of Full Disclosure Regarding Foreign Contacts in Security Clearance Evaluations

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 was given a choice in April 2005 of losing his clearance or terminating his relationship with a foreign contact, that he briefly broke off the relationship, and that he failed to report that he had resumed the relationship in May or June of 2005.	Against Applicant	Failure to Report Required InformationFOUND DELIBERATE	Foreign Contacts or Interests	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	In June and July 2005, he traveled to Hong Kong without obtaining the approval for foreign travel required by his employer.	Against Applicant	Rules Violation at Workplace	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	In July 2006, he submitted an application to continue his clearance in July 2006, and disclosed that he had left a job under unfavorable circumstances, but did not disclose that he attempted to conceal a foreign contact in Hong Kong.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Foreign Contacts or Interests	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	During an interview with a security investigator in September 2006 when he stated he was laid off for 'lack of work' by his previous employer and he did not disclose that he had initiated foreign contact during his trip to Hong Kong.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Foreign Contacts or Interests	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 was given a choice in April 2005 of losing his clearance or terminating his relationship with a foreign contact, that he briefly broke off the relationship, and that he failed to report that he had resumed the relationship in May or June of 2005.

Against Applicant

Failure to Report Required InformationFOUND DELIBERATE

Foreign Contacts or Interests

Denied

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

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

—

1.b

In June and July 2005, he traveled to Hong Kong without obtaining the approval for foreign travel required by his employer.

Against Applicant

Rules Violation at Workplace

—

Denied

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

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

—

1.c

In July 2006, he submitted an application to continue his clearance in July 2006, and disclosed that he had left a job under unfavorable circumstances, but did not disclose that he attempted to conceal a foreign contact in Hong Kong.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Foreign Contacts or Interests

Denied

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

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

—

1.d

During an interview with a security investigator in September 2006 when he stated he was laid off for 'lack of work' by his previous employer and he did not disclose that he had initiated foreign contact during his trip to Hong Kong.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Foreign Contacts or Interests

Denied

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

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

—

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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