ISCR Case 08-01306.h1

Case Headnote

ISCR Case No. 08-01306.h1

deniedJul 31, 2009· Hon. Marc E. Curry· hearing

Summary

A 25-year-old financial analyst with a bachelor's degree was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal charges and omissions on his security clearance application. The applicant's criminal record included a charge for brandishing a firearm at age 15, resulting in probation. Later incidents included a ticket for possession by consumption of alcohol in 2002, an assault and battery charge in 2003 that was later settled, and misdemeanor marijuana possession in 2004, which led to a diversion program. Further charges included an open container violation in 2005 and a 2006 felony assault and battery charge that resulted in a disorderly conduct conviction with probation and community service.

The primary concern under Guideline E stemmed from the applicant's deliberate omissions of relevant criminal history from his 2007 security clearance application and 2008 interrogatory responses. While he did disclose marijuana use from 1998, the judge found his explanations for other omissions lacked credibility, especially given the serious nature of the undisclosed information.

Despite demonstrating positive attributes in his professional and personal life, the judge concluded that the applicant's failure to disclose his full criminal history and the nature of his past conduct raised significant security concerns regarding his honesty and reliability. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant had a history of criminal charges, including brandishing a firearm and multiple alcohol-related offenses.
The applicant failed to disclose his entire criminal history on his security clearance application, raising concerns about his honesty and reliability.
The judge found that the applicant's explanations for his omissions were not credible, particularly given the serious nature of the falsification.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedCriminal Conduct
AG ¶ 16(a)appliedDeliberate Omission or Falsification

Mitigating

AG ¶ 31(d)rejectedEvidence of Successful RehabilitationThe applicant's positive post-college conduct was outweighed by the recent falsification.
AG ¶ 16(a)rejectedDeliberate Omission or FalsificationThe applicant's explanations for omissions were not credible.

Key Rule Quoted

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

Procedural Posture

SOR issuedJul 31, 2008
Answer filedSep 5, 2008Applicant admitted all allegations except one.
Hearing heldJun 2, 2009
Decision dateJul 31, 2009

Cite For

Failure to Disclose Criminal History Under Guideline E
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J
Credibility of Applicant's Explanations for Omissions in Security Clearance Application

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	Applicant’s omissions from his 2007 security clearance application and 2008 interrogatory responses raise the issue of whether AG ¶ 16(a), 'deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,' applies.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	Applicant’s omissions from his 2007 security clearance application and 2008 interrogatory responses raise the issue of whether AG ¶ 16(a), 'deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,' applies.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	Applicant did not falsify Section 24a regarding past drug use. He answered 'yes' and disclosed marijuana use from 1998 even though he was not required to do so. Under these circumstances, it is credible that he made a mistake when he incorrectly stated the drug use ended in 1998.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	—	Admitted	—	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.e	Applicant’s omissions from his 2007 security clearance application and 2008 interrogatory responses raise the issue of whether AG ¶ 16(a), 'deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,' applies.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s omissions from his 2007 security clearance application and 2008 interrogatory responses raise the issue of whether AG ¶ 16(a), 'deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,' applies.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

2.b

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

2.c

Applicant did not falsify Section 24a regarding past drug use. He answered 'yes' and disclosed marijuana use from 1998 even though he was not required to do so. Under these circumstances, it is credible that he made a mistake when he incorrectly stated the drug use ended in 1998.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

—

Admitted

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.e

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with brandishing a firearm when he was 15 years old. He pointed a gun at his mother's boyfriend after a physical altercation, which resulted in a broken nose for the applicant. He pleaded no contest and was sentenced to probation.	For Applicant	Weapons Offense	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	(d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	In 2002, while leaving a keg party, Applicant was issued a ticket for possession by consumption of alcohol. He attended alcohol safety awareness classes, and the charge was dropped.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	On September 7, 2003, Applicant was charged with assault and battery after a physical altercation with a tow truck company owner. He was found guilty and later settled the matter, resulting in the charges being nolle prossed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In March 2004, Applicant was arrested and charged with misdemeanor marijuana possession and possession of narcotic equipment. He attended a diversion program, and the charges were dismissed.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	On September 2, 2005, Applicant was cited for carrying an open container of alcohol in public and was fined.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	On May 3, 2006, Applicant was charged with felony assault and battery and public swearing/intoxication after an argument at a convenience store. He was found guilty of disorderly conduct and sentenced to probation and community service.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	Applicant falsified at least one response on his Electronic Questionnaire for Investigations Processing, dated July 23, 2007, in violation of 18 U.S.C. § 1001, a federal felony. This allegation was deemed overbroad and not justiciable.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was charged with brandishing a firearm when he was 15 years old. He pointed a gun at his mother's boyfriend after a physical altercation, which resulted in a broken nose for the applicant. He pleaded no contest and was sentenced to probation.

For Applicant

Weapons Offense

Convicted

Admitted

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

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

In 2002, while leaving a keg party, Applicant was issued a ticket for possession by consumption of alcohol. He attended alcohol safety awareness classes, and the charge was dropped.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

—

1.c

On September 7, 2003, Applicant was charged with assault and battery after a physical altercation with a tow truck company owner. He was found guilty and later settled the matter, resulting in the charges being nolle prossed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

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

—

1.d

In March 2004, Applicant was arrested and charged with misdemeanor marijuana possession and possession of narcotic equipment. He attended a diversion program, and the charges were dismissed.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

—

1.e

On September 2, 2005, Applicant was cited for carrying an open container of alcohol in public and was fined.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

1.f

On May 3, 2006, Applicant was charged with felony assault and battery and public swearing/intoxication after an argument at a convenience store. He was found guilty of disorderly conduct and sentenced to probation and community service.

Against Applicant

Assault or Battery

Convicted

Admitted

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

—

1.g

Applicant falsified at least one response on his Electronic Questionnaire for Investigations Processing, dated July 23, 2007, in violation of 18 U.S.C. § 1001, a federal felony. This allegation was deemed overbroad and not justiciable.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

Loading case…

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