ISCR Case 08-04887.h1

Case Headnote

ISCR Case No. 08-04887.h1

deniedMay 21, 2010· Hon. Marc E. Curry· hearing

Summary

A 48-year-old single man with a history of alcohol dependence and multiple criminal offenses was denied a security clearance under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant demonstrated sobriety since 2005, which mitigated some alcohol-related concerns. However, the denial stemmed from unresolved criminal conduct, personal conduct issues, and financial delinquencies.

The applicant's criminal history included multiple arrests for driving under the influence (DUI) between 2000 and 2005, with one incident involving a blood alcohol content of .394. Other offenses included contempt of court, driving without license tags, driving on a suspended license, theft of groceries and vodka, and a 2003 arrest for disorderly conduct and criminal damage involving a knife.

Financial concerns included approximately $20,000 in delinquencies with 18 creditors, none of whom the applicant had contacted. While a child support arrearage was reduced to about $1,600 and one $508 cell phone debt was satisfied, the applicant had not enrolled in financial counseling despite acknowledging its potential benefit. Additionally, the applicant falsified his security clearance application by omitting relevant arrests, including the 2003 disorderly conduct and criminal damage arrest, and earlier alcohol-related arrests, raising concerns about his honesty and reliability.

Why the Applicant Was Denied

The applicant's criminal conduct included multiple DUIs and theft, which raised significant concerns about his judgment and reliability.
The applicant's financial delinquencies remained unresolved, with no proactive efforts to contact creditors or seek financial counseling.
The applicant falsified his security clearance application by omitting prior arrests, undermining his credibility.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 19(a)raisedFinancial Considerations
AG ¶ 16(a)raisedPersonal Conduct

Mitigating

AG ¶ 23(a)appliedAlcohol Consumption
AG ¶ 23(b)appliedAlcohol Consumption
AG ¶ 23(d)appliedAlcohol Consumption
AG ¶ 32(d)appliedCriminal Conduct
AG ¶ 20(d)appliedFinancial Considerations

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedAug 17, 2009
Answer filedSep 3, 2009
Hearing heldFeb 4, 2010Rescheduled from December 11, 2009.
Decision dateMay 21, 2010

Cite For

Impact of Unresolved Criminal Conduct on Security Clearance Eligibility
Importance of Financial Responsibility in Security Clearance Determinations
Credibility Issues Arising From Omissions 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
4.a	Applicant falsified his security clearance application by omitting relevant arrests, including a 2003 arrest for disorderly conduct and criminal damage.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
4.b	Applicant failed to disclose his earlier alcohol-related arrests on his security clearance application, raising questions about his honesty and reliability.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

Applicant falsified his security clearance application by omitting relevant arrests, including a 2003 arrest for disorderly conduct and criminal damage.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

4.b

Applicant failed to disclose his earlier alcohol-related arrests on his security clearance application, raising questions about his honesty and reliability.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant has a history of financial delinquencies totaling approximately $20,000. $20,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.b	Applicant has not satisfied any of the remaining 18 creditors listed in the SOR.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.c	Applicant has neither called nor written any of these creditors.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.d	Applicant began satisfying a child support delinquency, reducing the arrearage to approximately $1,600. $1,600	For Applicant	Child Support Debt	Admitted	—	—	Documented Debt Paid in Full
3.e	Applicant has not enrolled in financial counseling.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.f	Applicant has acknowledged that financial counseling could be helpful, but has yet to enroll.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.g	Applicant satisfied one debt, a cell phone bill totaling $508. $508	For Applicant	Unspecified Financial	Admitted	—	—	Documented Debt Paid in Full
3.h–3.t	13 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant has a history of financial delinquencies totaling approximately $20,000.

$20,000

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.b

Applicant has not satisfied any of the remaining 18 creditors listed in the SOR.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.c

Applicant has neither called nor written any of these creditors.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.d

Applicant began satisfying a child support delinquency, reducing the arrearage to approximately $1,600.

$1,600

For Applicant

Child Support Debt

Admitted

—

Documented

Debt Paid in Full

3.e

Applicant has not enrolled in financial counseling.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.f

Applicant has acknowledged that financial counseling could be helpful, but has yet to enroll.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.g

Applicant satisfied one debt, a cell phone bill totaling $508.

$508

For Applicant

Unspecified Financial

Admitted

—

Documented

Debt Paid in Full

3.h–3.t

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

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a–2.g	7 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a–2.g

7 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In September 2000, Applicant was arrested and charged with driving under the influence (DUI) of alcohol. Subsequently, he was fined.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In December 2000, Applicant was again arrested and charged with DUI after the police stopped him driving down a one-way street. His blood/alcohol content at the time of the arrest was .394. He was fined and ordered to attend inpatient treatment.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In February 2001, Applicant was arrested and charged with contempt of court for failing to appear in court on a charge for inattention to driving. He was fined and sentenced to community service.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	On February 21, 2001, the police stopped Applicant after observing that his car did not have any license tags. Because of the heavy odor of alcohol emanating from Applicant’s car, the officer administered a field sobriety test. Applicant failed, and was charged with DUI, driving without license tags, and driving on a suspended license. He was fined.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.e	In April 2001, Applicant was arrested and charged with theft after the proprietor of a convenience store caught him stealing groceries and vodka. He was sentenced to a fine and ordered to perform community service.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.f	In September 2003, Applicant was arrested after police responded to a call that he was wielding a knife in an apartment parking lot and rambling incoherently. He was charged with disorderly conduct and criminal damage.	Against Applicant	Unspecified Criminal Conduct	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.g	In November 2005, Applicant lost control of his car and crashed it into a small yellow delineator. He was arrested and charged with “extreme DUI.” He pleaded guilty, and was sentenced to 12 months of probation, ordered to serve 90 days in jail with 80 days suspended, and ordered to pay a $1,725 fine.	Against Applicant	DUI or DWI Criminal	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

In September 2000, Applicant was arrested and charged with driving under the influence (DUI) of alcohol. Subsequently, he was fined.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.b

In December 2000, Applicant was again arrested and charged with DUI after the police stopped him driving down a one-way street. His blood/alcohol content at the time of the arrest was .394. He was fined and ordered to attend inpatient treatment.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.c

In February 2001, Applicant was arrested and charged with contempt of court for failing to appear in court on a charge for inattention to driving. He was fined and sentenced to community service.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

1.d

On February 21, 2001, the police stopped Applicant after observing that his car did not have any license tags. Because of the heavy odor of alcohol emanating from Applicant’s car, the officer administered a field sobriety test. Applicant failed, and was charged with DUI, driving without license tags, and driving on a suspended license. He was fined.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

—

1.e

In April 2001, Applicant was arrested and charged with theft after the proprietor of a convenience store caught him stealing groceries and vodka. He was sentenced to a fine and ordered to perform community service.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

—

1.f

In September 2003, Applicant was arrested after police responded to a call that he was wielding a knife in an apartment parking lot and rambling incoherently. He was charged with disorderly conduct and criminal damage.

Against Applicant

Unspecified Criminal Conduct

Convicted

Denied

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

—

1.g

In November 2005, Applicant lost control of his car and crashed it into a small yellow delineator. He was arrested and charged with “extreme DUI.” He pleaded guilty, and was sentenced to 12 months of probation, ordered to serve 90 days in jail with 80 days suspended, and ordered to pay a $1,725 fine.

Against Applicant

DUI or DWI Criminal

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