ISCR Case 08-02464.h1

Case Headnote

ISCR Case No. 08-02464.h1

deniedApr 29, 2009· Hon. Mary E. Henry· hearing

Summary

A 39-year-old technical writer for a Department of Defense contractor was denied a security clearance under Guidelines E (Personal Conduct) and J (Criminal Conduct). The denial stemmed from a history of criminal conduct, including multiple theft convictions and a recent drug-related arrest. The applicant's failure to disclose past arrests on her security clearance application was a key factor, demonstrating a lack of candor that undermined her trustworthiness.

Specific allegations included a 1999 arrest for theft, which she omitted from her SF-86. This incident involved her writing a check for $300 for paint supplies, exceeding the $200 authorized by her stepmother, and retaining $100 for herself. Other theft-related incidents included a felony conviction in March 1996 for theft in excess of $300, and a June 1995 arrest on three criminal charges of theft. Additionally, in February 2007, military police arrested her for possession of a controlled substance with intent to use, which she reported to her supervisor and security officer. She later pled guilty to possession of drug paraphernalia, a misdemeanor.

The judge found that the applicant's multiple arrests and convictions for theft and drug-related offenses raised significant security concerns. Her deliberate omission of prior arrests on her e-QIP indicated a pattern of dishonesty, and her recent drug-related arrest further highlighted ongoing issues with compliance and reliability.

Why the Applicant Was Denied

The applicant had multiple arrests and convictions for theft and drug-related offenses, raising significant security concerns.
The applicant's failure to disclose prior arrests on her e-QIP was deemed a deliberate omission, indicating a pattern of dishonesty.
The applicant's recent arrest for possession of drug paraphernalia further indicated ongoing issues with compliance and reliability.

Conditions Referenced

Disqualifying

J30raisedCriminal Conduct Raises Doubt About a Person's Judgment, Reliability, and Trustworthiness.
J31(a)raisedA Single Serious Crime or Multiple Lesser Offenses.
E16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts.
E16(d)raisedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment.

Mitigating

J32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior Happened That It Is Unlikely to Recur.The applicant's recent criminal conduct undermines the applicability of this condition.
E17(d)rejectedThe Individual Has Acknowledged the Behavior and Taken Positive Steps to Alleviate the Stressors.The applicant's recent arrest indicates a lack of sufficient rehabilitation.
E17(e)rejectedThe Individual Has Taken Positive Steps to Reduce Vulnerability to Exploitation.The applicant's failure to disclose past arrests shows ongoing vulnerabilities.

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedOct 17, 2008
Answer filedNov 5, 2008
Hearing heldMar 31, 2009
Decision dateApr 29, 2009

Cite For

Pattern of Dishonesty Impacting Security Clearance Eligibility Under Guideline E
Disqualifying Conditions Related to Criminal Conduct Under Guideline J
Importance of Candor in Security Clearance Applications

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 omitted a material fact from her SF-86 when she answered 'no' to the question about other arrests not previously listed which occurred within seven years of completing her e-QIP in November 2005. Applicant did not list her arrest in 1999.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
2.b	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant omitted a material fact from her SF-86 when she answered 'no' to the question about other arrests not previously listed which occurred within seven years of completing her e-QIP in November 2005. Applicant did not list her arrest in 1999.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

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

—

2.b

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Her two friends shoplifted items from the store, then returned to her car. She drove away, but a witness gave the police her vanity license plate letters. The police arrested her two days later and charged her with theft plus $300 and conspiracy.	Against Applicant	Theft or Larceny	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In March 1996, Applicant pled guilty to theft in excess of $300, a felony.	For Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In June 1995, just after her mother had been killed, the police issued an arrest warrant for Applicant. She turned herself in to the police on June 21, 1995. After the police booked her on three criminal charges of theft, she appeared before a court commissioner and posted her bond.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	In the fall 1999, Applicant’s stepmother provided her with a check to purchase paint and paint supplies for some painting Applicant intended to do for her father and stepmother. Applicant’s stepmother authorized Applicant to write the check for no more than $200. Applicant purchased the paint and supplies, but wrote the check for $300. Applicant retained $100 for herself, as she believed this was the amount her stepmother intended to pay her for the work. Applicant assumed wrongly. Her stepmother called the police.	Against Applicant	Theft or Larceny	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In February 2007, the military police arrested Applicant and charged her with possession of a controlled substance with intent to use. She immediately reported her arrest to her supervisor and security officer. Applicant pled guilty to possession of drug paraphernalia, a misdemeanor offense under state law, on the recommendation of her attorney, and to put the matter behind her.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Her two friends shoplifted items from the store, then returned to her car. She drove away, but a witness gave the police her vanity license plate letters. The police arrested her two days later and charged her with theft plus $300 and conspiracy.

Against Applicant

Theft or Larceny

Charged Not Convicted

Admitted

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

—

1.b

In March 1996, Applicant pled guilty to theft in excess of $300, a felony.

For Applicant

Theft or Larceny

Convicted

Admitted

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

—

1.c

In June 1995, just after her mother had been killed, the police issued an arrest warrant for Applicant. She turned herself in to the police on June 21, 1995. After the police booked her on three criminal charges of theft, she appeared before a court commissioner and posted her bond.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

—

1.d

In the fall 1999, Applicant’s stepmother provided her with a check to purchase paint and paint supplies for some painting Applicant intended to do for her father and stepmother. Applicant’s stepmother authorized Applicant to write the check for no more than $200. Applicant purchased the paint and supplies, but wrote the check for $300. Applicant retained $100 for herself, as she believed this was the amount her stepmother intended to pay her for the work. Applicant assumed wrongly. Her stepmother called the police.

Against Applicant

Theft or Larceny

Dismissed or Nolle Prossed

Admitted

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

—

1.e

In February 2007, the military police arrested Applicant and charged her with possession of a controlled substance with intent to use. She immediately reported her arrest to her supervisor and security officer. Applicant pled guilty to possession of drug paraphernalia, a misdemeanor offense under state law, on the recommendation of her attorney, and to put the matter behind her.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

—

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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