ISCR Case 07-17470.h1

Case Headnote

ISCR Case No. 07-17470.h1

deniedJun 24, 2009· Hon. Joan Caton Anthony· hearing

Summary

A 36-year-old female applicant with a background in mass communications and IT management was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons detailed multiple incidents of criminal conduct, including a conviction for Driving Under the Influence of Alcohol (DWI) in January 2001, which resulted in a suspended 30-day confinement, a $300 fine, and mandatory attendance at an alcohol safety awareness program and Alcoholics Anonymous meetings.

Additionally, the applicant was involved in several domestic violence incidents. These included a warrant for misdemeanor assault and battery, a protective order granted against her by her husband, and an arrest followed by a 48-hour psychiatric hospitalization after threatening her husband. She and her husband were also arrested for domestic violence on two separate occasions, with charges dismissed after completing anger management counseling in one instance and paying court costs in another.

Crucially, the applicant deliberately falsified her e-QIP by omitting this significant criminal and mental health history. While some mitigating factors related to alcohol consumption were considered, the applicant's admitted criminal conduct and deliberate lack of candor regarding her e-QIP omissions ultimately led to the denial of her security clearance, raising serious questions about her reliability and trustworthiness.

Why the Applicant Was Denied

The applicant admitted to multiple incidents of criminal conduct, including domestic violence and a DWI.
She deliberately falsified her e-QIP by omitting significant criminal and mental health history.
Her lack of candor and failure to disclose relevant information raised serious concerns about her reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(c)raisedCriminal Conduct
AG ¶ 16(a)raisedPersonal Conduct
AG ¶ 16(e)(1)raisedPersonal Conduct

Mitigating

AG ¶ 32(a)appliedCriminal ConductSome time has elapsed since the criminal behavior occurred.
AG ¶ 32(d)appliedCriminal ConductThere is evidence of successful rehabilitation, including time without recurrence of criminal activity.

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
— AG ¶ 15

Procedural Posture

SOR issuedAug 11, 2008
Answer filedSep 17, 2008Requested decision on written record.
Hearing heldMay 4, 2009No witnesses called by the Government.
Decision dateJun 24, 2009

Cite For

Deliberate Falsification of E-qip Under Guideline E
Serious Concerns Regarding Criminal Conduct Under Guideline J
Mitigating Factors Related to Alcohol Consumption Under Guideline G

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	The criminal conduct recited at SOR ¶¶ 1.a. through 1.f. also constitutes, under AG ¶ 15, conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations that can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	—	—	—
2.b	Applicant’s failure to provide this information was a deliberate falsification of her e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.c	This omission constituted deliberate falsification of Applicant’s e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Mental Health	Admitted	—	—	—
2.d	Applicant’s failure to disclose this information constituted deliberate falsification of her E-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Mental Health	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The criminal conduct recited at SOR ¶¶ 1.a. through 1.f. also constitutes, under AG ¶ 15, conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations that can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

—

2.b

Applicant’s failure to provide this information was a deliberate falsification of her e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.c

This omission constituted deliberate falsification of Applicant’s e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Mental Health

Admitted

—

2.d

Applicant’s failure to disclose this information constituted deliberate falsification of her E-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Mental Health

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The criminal conduct alleged in SOR ¶¶ 1.a., 1.d., and 1.f. also constituted disqualifying conduct under Guideline G, Alcohol Consumption.	For Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The criminal conduct alleged in SOR ¶¶ 1.a., 1.d., and 1.f. also constituted disqualifying conduct under Guideline G, Alcohol Consumption.

For Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was issued a Warrant of Arrest for Misdemeanor Assault and Battery on a family member and granted a Protective Order against her.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—
1.b	Applicant was granted a Protective Order against her by her husband after a domestic dispute.	Against Applicant	Domestic Violence	Charged Not Convicted	Admitted	—	—	—
1.c	Applicant was arrested and incarcerated in a hospital psychiatric ward for 48 hours after threatening to kill her husband during an argument.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—
1.d	Applicant and her husband were arrested for domestic violence after a dispute, but the charges were dismissed after they completed anger management counseling.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	—	—
1.e	Applicant and her husband were arrested for domestic violence in December 2002, but the charges were dismissed after they paid court costs.	Against Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	—	—
1.f	Applicant was convicted of Driving Under the Influence of Alcohol (DWI) in January 2001, sentenced to 30 days confinement (suspended), fined $300, and required to attend an alcohol safety awareness program and Alcoholics Anonymous meetings.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was issued a Warrant of Arrest for Misdemeanor Assault and Battery on a family member and granted a Protective Order against her.

Against Applicant

Assault or Battery

Charged Not Convicted

Admitted

—

1.b

Applicant was granted a Protective Order against her by her husband after a domestic dispute.

Against Applicant

Domestic Violence

Charged Not Convicted

Admitted

—

1.c

Applicant was arrested and incarcerated in a hospital psychiatric ward for 48 hours after threatening to kill her husband during an argument.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

—

1.d

Applicant and her husband were arrested for domestic violence after a dispute, but the charges were dismissed after they completed anger management counseling.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

1.e

Applicant and her husband were arrested for domestic violence in December 2002, but the charges were dismissed after they paid court costs.

Against Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

1.f

Applicant was convicted of Driving Under the Influence of Alcohol (DWI) in January 2001, sentenced to 30 days confinement (suspended), fined $300, and required to attend an alcohol safety awareness program and Alcoholics Anonymous meetings.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

—

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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