ISCR Case 07-18496.h1

Case Headnote

ISCR Case No. 07-18496.h1

deniedJun 24, 2010· Hon. Joan Caton Anthony· hearing

Summary

A 31-year-old mother of two was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The applicant's history included multiple job dismissals for lateness in 2000 and 2002, and a pattern of failing to disclose marijuana use from 2001 to 2004 across various interviews and sworn statements. She also failed to disclose a public drinking citation from September 2008 and the revocation of a previous security clearance by another government agency in November 2005. Further personal conduct issues involved stalking two former romantic partners, resulting in a protective order in one instance.

Financially, the applicant had significant unresolved debts totaling approximately $31,752. These included judgments for repossessed vehicles from 2003 ($4,150) and 2007 ($14,272), an educational debt charged off around 2004 ($1,544), and an outstanding student loan of $4,141. Other delinquencies included a $2,670 debt from an eviction in 2003, various medical debts, and an overpayment of unemployment compensation. While she claimed to have settled one $1,348 debt for $700 in 2006, many other financial issues remained unaddressed.

Regarding criminal conduct, the applicant was arrested and charged with destruction of property in March 1999 (nolle prossed) and assault and battery in March 2006 (nolle prossed). In May 2008, she was arrested for driving while intoxicated, later found guilty of reckless driving, leading to a suspended jail sentence, license suspension, and a fine. She was also cited for drinking in public in September 2008, for which she paid a fine. Although mitigating factors were applied for alcohol involvement, the cumulative weight of her personal conduct issues, substantial financial delinquencies, and criminal history ultimately led to the denial of her security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate security concerns under Guideline E due to a pattern of personal conduct issues, including stalking and dishonesty in her security clearance application.
The applicant had significant financial delinquencies totaling approximately $31,752, which were not resolved or adequately explained under Guideline F.
The applicant's criminal conduct, including arrests for driving under the influence and other offenses, raised concerns under Guideline J.

Conditions Referenced

Disqualifying

E2.A1raisedPersonal Conduct
F2.A1raisedFinancial Considerations
G2.A1raisedAlcohol Involvement
J2.A1raisedCriminal Conduct

Mitigating

G2.A1appliedAlcohol InvolvementThe applicant demonstrated efforts to mitigate concerns related to alcohol involvement.

Key Rule Quoted

“The security clearance decision is based on the whole person concept, which includes consideration of the applicant's character, conduct, and circumstances.”

Procedural Posture

SOR issuedJul 6, 2009
Answer filedAug 12, 2009
Hearing heldMar 29, 2010Hearing was rescheduled due to late document submission.
Decision dateJun 24, 2010

Cite For

Denial of Security Clearance Due to Personal Conduct Issues Under Guideline E
Significant Financial Delinquencies Impacting Security Clearance Eligibility Under Guideline F
Criminal Conduct Affecting Security Clearance Determination Under Guideline J

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 dismissed from her job in May 2000 for a pattern of lateness.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.b	Applicant was dismissed from her job in October 2002 for a pattern of lateness.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.c	Applicant failed to disclose her marijuana use between 2001 and 2004.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	Applicant failed to disclose that she had been cited for drinking in public on September 1, 2008.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.e	Applicant failed to disclose that her security clearance was revoked by another Government agency in November 2005.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.f	Applicant failed to disclose her marijuana use while holding a security clearance.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.g	Applicant failed to disclose that she had been denied additional access and her security clearance was revoked by another Government agency in November 2005.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.h	Applicant failed to disclose her marijuana use to the authorized investigator on April 23, 2007.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.i	Applicant failed to disclose that she had been denied additional access by another federal agency and that her security clearance had been revoked in about November 2005.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.j	Applicant failed to disclose her use of marijuana from 2001 to 2004 during an interview on August 27, 2008.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.k	Applicant failed to disclose her marijuana use in her signed, sworn statement to the authorized OPM investigator.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.l	Applicant failed to disclose her citation for drinking in public.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.m	Applicant stalked a man with whom she had been romantically involved, resulting in a protective order.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—
1.n	Applicant stalked another ex-boyfriend.	Against Applicant	Questionable Judgment General	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant was dismissed from her job in May 2000 for a pattern of lateness.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

1.b

Applicant was dismissed from her job in October 2002 for a pattern of lateness.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

1.c

Applicant failed to disclose her marijuana use between 2001 and 2004.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.d

Applicant failed to disclose that she had been cited for drinking in public on September 1, 2008.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

1.e

Applicant failed to disclose that her security clearance was revoked by another Government agency in November 2005.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

1.f

Applicant failed to disclose her marijuana use while holding a security clearance.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.g

Applicant failed to disclose that she had been denied additional access and her security clearance was revoked by another Government agency in November 2005.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

1.h

Applicant failed to disclose her marijuana use to the authorized investigator on April 23, 2007.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.i

Applicant failed to disclose that she had been denied additional access by another federal agency and that her security clearance had been revoked in about November 2005.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

1.j

Applicant failed to disclose her use of marijuana from 2001 to 2004 during an interview on August 27, 2008.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.k

Applicant failed to disclose her marijuana use in her signed, sworn statement to the authorized OPM investigator.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

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

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

—

1.l

Applicant failed to disclose her citation for drinking in public.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

1.m

Applicant stalked a man with whom she had been romantically involved, resulting in a protective order.

Against Applicant

Questionable Judgment General

—

Denied

—

1.n

Applicant stalked another ex-boyfriend.

Against Applicant

Questionable Judgment General

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	a judgment for $4,150, dating to 2003, for a repossessed vehicle $4,150	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.b	a $1,544 debt to an educational institution, charged off in about 2004 $1,544	Against Applicant	Student Loan Debt	Admitted	—	—	—
2.c	a judgment for $14,272, entered against Applicant in 2007, for a repossessed vehicle $14,272	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.d	a $4,141 student loan debt, alleged at SOR ¶ 2.d., had not been satisfied $4,141	Against Applicant	Student Loan Debt	Admitted	—	—	—
2.e	the $1,348 delinquent debt alleged at SOR ¶ 2.e. claimed she had settled the debt for $700 in 2006 $1,348	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.f	the $391 delinquent medical account alleged at SOR ¶ 2.f. was a duplicate of a $388 delinquent medical account alleged at SOR ¶ 2.h. $391	Against Applicant	Medical Debt	Denied	—	—	—
2.g	a $2,670 debt, in collection status, owed to a creditor that evicted Applicant for failure to pay her rent in 2003 $2,670	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.h	the $388 delinquent medical account alleged at SOR ¶ 2.h. $388	Against Applicant	Medical Debt	Denied	—	—	—
2.i	a $273 medical debt, placed in collection status in about August 2006 $273	Against Applicant	Medical Debt	Admitted	—	—	—
2.j	a $623 delinquent debt to a creditor on an account placed for collection in January 2007 $623	For Applicant	Unspecified Financial	Admitted	—	—	—
2.k	indebted to a state unemployment commission for a $1,029 overpayment of unemployment compensation $1,029	Against Applicant	Unspecified Financial	Admitted	—	—	—
2.l	a delinquent medical debt of $468 that had not been satisfied $468	Against Applicant	Medical Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

a judgment for $4,150, dating to 2003, for a repossessed vehicle

$4,150

Against Applicant

Unspecified Financial

Admitted

—

2.b

a $1,544 debt to an educational institution, charged off in about 2004

$1,544

Against Applicant

Student Loan Debt

Admitted

—

2.c

a judgment for $14,272, entered against Applicant in 2007, for a repossessed vehicle

$14,272

Against Applicant

Unspecified Financial

Admitted

—

2.d

a $4,141 student loan debt, alleged at SOR ¶ 2.d., had not been satisfied

$4,141

Against Applicant

Student Loan Debt

Admitted

—

2.e

the $1,348 delinquent debt alleged at SOR ¶ 2.e. claimed she had settled the debt for $700 in 2006

$1,348

Against Applicant

Unspecified Financial

Admitted

—

2.f

the $391 delinquent medical account alleged at SOR ¶ 2.f. was a duplicate of a $388 delinquent medical account alleged at SOR ¶ 2.h.

$391

Against Applicant

Medical Debt

Denied

—

2.g

a $2,670 debt, in collection status, owed to a creditor that evicted Applicant for failure to pay her rent in 2003

$2,670

Against Applicant

Unspecified Financial

Admitted

—

2.h

the $388 delinquent medical account alleged at SOR ¶ 2.h.

$388

Against Applicant

Medical Debt

Denied

—

2.i

a $273 medical debt, placed in collection status in about August 2006

$273

Against Applicant

Medical Debt

Admitted

—

2.j

a $623 delinquent debt to a creditor on an account placed for collection in January 2007

$623

For Applicant

Unspecified Financial

Admitted

—

2.k

indebted to a state unemployment commission for a $1,029 overpayment of unemployment compensation

$1,029

Against Applicant

Unspecified Financial

Admitted

—

2.l

a delinquent medical debt of $468 that had not been satisfied

$468

Against Applicant

Medical Debt

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	The applicant was arrested and charged with driving while intoxicated in May 2008.	For Applicant	DUI or DWI Alcohol	Denied	—	—	—
3.b	The applicant was cited for drinking in public on September 1, 2008.	For Applicant	Public Intoxication	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

The applicant was arrested and charged with driving while intoxicated in May 2008.

For Applicant

DUI or DWI Alcohol

Denied

—

3.b

The applicant was cited for drinking in public on September 1, 2008.

For Applicant

Public Intoxication

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
4.a	In March 1999, Applicant was arrested and charged with destruction of property. Her case was nolle prossed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	—	—	—
4.b	In March 2006, Applicant was arrested and charged with assault and battery. The charge was nolle prossed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	—	—
4.c	In May 2008, she was arrested and charged with driving while intoxicated. She was found guilty of reckless driving. Her driver’s license was suspended for six months. She was also sentenced to 30 days in jail, suspended; ordered to attend an alcohol safety awareness program; and fined.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	—	—	—
4.d	In September 2008, Applicant was cited for drinking in public. She attended a Labor Day picnic in a park and was apprehended by a park ranger as she opened a can of beer. She paid a fine and court costs.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
4.e	In November 2008, a friend of Applicant’s borrowed her car and altered her license tags. Applicant was charged with possession of forged license tags. She was found not guilty of the offense.	Against Applicant	Unspecified Criminal Conduct	Acquitted or Found Not Guilty	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

4.a

In March 1999, Applicant was arrested and charged with destruction of property. Her case was nolle prossed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

—

4.b

In March 2006, Applicant was arrested and charged with assault and battery. The charge was nolle prossed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

4.c

In May 2008, she was arrested and charged with driving while intoxicated. She was found guilty of reckless driving. Her driver’s license was suspended for six months. She was also sentenced to 30 days in jail, suspended; ordered to attend an alcohol safety awareness program; and fined.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

—

4.d

In September 2008, Applicant was cited for drinking in public. She attended a Labor Day picnic in a park and was apprehended by a park ranger as she opened a can of beer. She paid a fine and court costs.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

4.e

In November 2008, a friend of Applicant’s borrowed her car and altered her license tags. Applicant was charged with possession of forged license tags. She was found not guilty of the offense.

Against Applicant

Unspecified Criminal Conduct

Acquitted or Found Not Guilty

Denied

—

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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

FOOTNOTES