ISCR Case 08-04232.h1

Case Headnote

ISCR Case No. 08-04232.h1

deniedAug 4, 2009· Hon. Darlene Lokey Anderson· hearing

Summary

A 49-year-old software engineer was denied a security clearance due to concerns under Guideline G (Alcohol Consumption), Guideline J (Criminal Conduct), and Guideline E (Personal Conduct). The denial stemmed from a long history of alcohol abuse, including six Driving Under the Influence (DUI) convictions over 29 years, beginning in 1985. Despite participating in alcohol awareness programs and AA meetings, and receiving recommendations for complete abstinence, the applicant continued to consume alcohol.

The applicant's criminal conduct included multiple DUI arrests and convictions, with the most recent arrest occurring in 2003. Additionally, in July 2003, the applicant was arrested and charged with several offenses, including Lewd Act to a Child, Indecent Exposure, Giving False Information to a Peace Officer, Cruelty to a Child by Endangering Health, and DUI with Alcohol/Drugs.

While the applicant disclosed some of these charges, the government alleged intentional falsification of material facts during the clearance screening process. Specifically, it was alleged that the applicant deliberately omitted the charge of Cruelty to a Child by Endangering Health during a January 2008 interview and on a November 2007 Questionnaire for National Security Positions. The judge ultimately found insufficient evidence to mitigate the concerns regarding the applicant's reliability and trustworthiness, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a long history of alcohol abuse, including six DUI convictions over 29 years.
The applicant continues to consume alcohol despite past rehabilitation efforts and recommendations for abstinence.
The applicant's criminal conduct raises significant concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

G.22(a)raisedAlcohol-related Incidents Away From Work
G.22(c)raisedHabitual or Binge Consumption of Alcohol
J.31(a)raisedA Single Serious Crime or Multiple Offenses
J.31(c)raisedAllegation or Admission of Criminal Conduct

Key Rule Quoted

“The Government is therefore appropriately concerned when available information indicates that an Applicant for clearance may be involved in alcohol abuse, criminal conduct and/or dishonesty that demonstrates poor judgment or unreliability.”

Procedural Posture

SOR issuedDec 31, 2008
Answer filedJan 27, 2009
Hearing heldJun 24, 2009
Decision dateAug 4, 2009

Cite For

Long History of Alcohol Abuse Impacting Security Clearance Eligibility
Multiple DUI Convictions as Disqualifying Factors
Insufficient Evidence of Rehabilitation to Mitigate Security Concerns

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	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
1.b	The Government alleges that during an interview with a DoD contract investigator on January 31, 2008, the Applicant deliberately omitted material facts and revealed only that he was arrested for a Lewd and Lascivious act with a minor in July 2003, and was offered to pled guilty to a DUI instead. He did not reveal that he was charged with Cruelty to a Child by Endangering Health.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Denied	—	—	—
1.c	The Government also alleges that when the Applicant completed his Questionnaire for National Security Positions dated November 27, 2007, he deliberately falsified material facts. In response to Question 23 which asks whether the Applicant has ever been charged with or convicted of any felony offenses, the Applicant responded that 'a L and L act charge in July 2003 was dropped'. He did not disclose that he pled guilty to a Cruelty to a Child by Endangering Health charge.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	—	—	—
1.d	It is not credible to believe that the Applicant deliberately omitted the lesser charge of Cruelty to a Child by Endangering Health, a misdemeanor, when he revealed the more serious felony charge of Lewd and Lascivious act with a minor that was dropped.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	—	—	—
1.e	Clearly he did not deliberately attempt to conceal any material information from the Government concerning the arrest during his interview with the DoD investigator or in his responses on the security clearance application.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Denied	—	—	—
1.f–2.a	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

1.b

The Government alleges that during an interview with a DoD contract investigator on January 31, 2008, the Applicant deliberately omitted material facts and revealed only that he was arrested for a Lewd and Lascivious act with a minor in July 2003, and was offered to pled guilty to a DUI instead. He did not reveal that he was charged with Cruelty to a Child by Endangering Health.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Denied

—

1.c

The Government also alleges that when the Applicant completed his Questionnaire for National Security Positions dated November 27, 2007, he deliberately falsified material facts. In response to Question 23 which asks whether the Applicant has ever been charged with or convicted of any felony offenses, the Applicant responded that 'a L and L act charge in July 2003 was dropped'. He did not disclose that he pled guilty to a Cruelty to a Child by Endangering Health charge.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

—

1.d

It is not credible to believe that the Applicant deliberately omitted the lesser charge of Cruelty to a Child by Endangering Health, a misdemeanor, when he revealed the more serious felony charge of Lewd and Lascivious act with a minor that was dropped.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

—

1.e

Clearly he did not deliberately attempt to conceal any material information from the Government concerning the arrest during his interview with the DoD investigator or in his responses on the security clearance application.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Denied

—

1.f–2.a

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	The Applicant began consuming alcohol in 1980, at the young age of eighteen while attending his first year of college.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	On many occasions, over the past twenty-nine years, he has driven a vehicle while intoxicated and was not arrested.	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	On six separate occasions, he was arrested and convicted for Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Alcohol	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	Despite participating in a number of alcohol awareness programs, regular AA meetings, and their recommendation that he completely abstain from the use of alcohol, the Applicant continues to consume alcohol.	Against Applicant	Continued Use After Treatment	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.f	The Applicant has a long history of alcohol abuse and criminal conduct, including at least six arrests and convictions for Driving Under the Influence of Alcohol.	Against Applicant	Binge or Intoxication Pattern	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	The Applicant's most recent arrest occurred in 2003, over six years ago, but he continues to consume alcohol, which has been at the root of his criminal problems.	Against Applicant	Binge or Intoxication Pattern	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
2.a	The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct.	Against Applicant	Unspecified Alcohol Incident	Denied	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
3.a	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—
3.b	The Government also alleges that when the Applicant completed his Questionnaire for National Security Positions dated November 27, 2007, he deliberately falsified material facts.	For Applicant	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he abuses intoxicants.

Against Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.b

The Applicant began consuming alcohol in 1980, at the young age of eighteen while attending his first year of college.

Against Applicant

Unspecified Alcohol Incident

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.c

On many occasions, over the past twenty-nine years, he has driven a vehicle while intoxicated and was not arrested.

Against Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.d

On six separate occasions, he was arrested and convicted for Driving Under the Influence (DUI).

Against Applicant

DUI or DWI Alcohol

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.e

Despite participating in a number of alcohol awareness programs, regular AA meetings, and their recommendation that he completely abstain from the use of alcohol, the Applicant continues to consume alcohol.

Against Applicant

Continued Use After Treatment

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.f

The Applicant has a long history of alcohol abuse and criminal conduct, including at least six arrests and convictions for Driving Under the Influence of Alcohol.

Against Applicant

Binge or Intoxication Pattern

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

1.g

The Applicant's most recent arrest occurred in 2003, over six years ago, but he continues to consume alcohol, which has been at the root of his criminal problems.

Against Applicant

Binge or Intoxication Pattern

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

2.a

The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct.

Against Applicant

Unspecified Alcohol Incident

Denied

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) habitual or binge consumption to the point of impaired judgment

—

3.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

For Applicant

Unspecified Alcohol Incident

Unknown

—

3.b

The Government also alleges that when the Applicant completed his Questionnaire for National Security Positions dated November 27, 2007, he deliberately falsified material facts.

For Applicant

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	The Applicant began consuming alcohol in 1980, at the young age of eighteen while attending his first year of college. At first, he drank socially. As time passed, his circle of friends were heavy drinkers, and his desire to fit in caused him to drink excessively and engage in criminal conduct.	Against Applicant	DUI or DWI Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.c	On many occasions, over the past twenty-nine years, he has driven a vehicle while intoxicated and was not arrested.	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.d	On six separate occasions, he was arrested and convicted for Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.e	In March 1985, the Applicant had been drinking beer with friends at a bar. While driving home, he was pulled over by the police. He was arrested and charged with DUI. He pled guilty and was fined.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.f	A year later, in April 1986, he was arrested again, and charged with DUI. Again, he had been drinking beer with friends at a bar. He remembers consuming between two and four beers before driving. This time, he was driving to the airport when he was pulled over by police. He pled guilty and was sentenced to a fine and community service.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.g	Two months later, in June 1986, he was arrested and charged with DUI. He pled guilty and was sentenced to an Educational Alcohol Awareness class and was fined.	Against Applicant	DUI or DWI Criminal	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.a	In July 2003, the Applicant was arrested and charged with (1) Lewd Act to a Child, (2) Indecent Exposure, (3) Giving False Information to a Peace Officer (4) Cruelty to a Child by Endangering Heath, and (5) DUI with Alcohol/Drugs, Prior DUI within 7 years.	Against Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

—

1.b

The Applicant began consuming alcohol in 1980, at the young age of eighteen while attending his first year of college. At first, he drank socially. As time passed, his circle of friends were heavy drinkers, and his desire to fit in caused him to drink excessively and engage in criminal conduct.

Against Applicant

DUI or DWI Criminal

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.c

On many occasions, over the past twenty-nine years, he has driven a vehicle while intoxicated and was not arrested.

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

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

(c) currently on parole or probation

—

1.d

On six separate occasions, he was arrested and convicted for Driving Under the Influence (DUI).

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

—

1.e

In March 1985, the Applicant had been drinking beer with friends at a bar. While driving home, he was pulled over by the police. He was arrested and charged with DUI. He pled guilty and was fined.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

—

1.f

A year later, in April 1986, he was arrested again, and charged with DUI. Again, he had been drinking beer with friends at a bar. He remembers consuming between two and four beers before driving. This time, he was driving to the airport when he was pulled over by police. He pled guilty and was sentenced to a fine and community service.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

—

1.g

Two months later, in June 1986, he was arrested and charged with DUI. He pled guilty and was sentenced to an Educational Alcohol Awareness class and was fined.

Against Applicant

DUI or DWI Criminal

Convicted

Denied

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

(c) currently on parole or probation

—

2.a

In July 2003, the Applicant was arrested and charged with (1) Lewd Act to a Child, (2) Indecent Exposure, (3) Giving False Information to a Peace Officer (4) Cruelty to a Child by Endangering Heath, and (5) DUI with Alcohol/Drugs, Prior DUI within 7 years.

Against Applicant

Assault or Battery

Convicted

Denied

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

(c) currently on parole or probation

—

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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

CONCLUSION

FORMAL FINDINGS

CONCLUSION