ISCR Case 08-09400.h1

Case Headnote

ISCR Case No. 08-09400.h1

deniedMar 31, 2010· Hon. Philip S. Howe· hearing

Summary

A 30-year-old defense contractor and former U.S. Army service member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The denial stemmed from a pattern of alcohol-related offenses and a consistent failure to provide accurate information on his security clearance application.

Specifically, the applicant admitted to two DWI arrests, one in May 1998 and another in December 2007, and failed to complete court-ordered requirements for these convictions, resulting in bench warrants. Beyond alcohol issues, he intentionally falsified information on his May 2, 2008 e-QIP regarding his DWI arrests and convictions, prior employment termination, and Army Article 15 actions and subsequent administrative discharge for misconduct. He also provided false information to a government investigator in July 2008 about his job termination.

Further issues included habitually being late for work in both military and civilian roles, not disclosing his Article 15 actions, failing to list his first-born child, and omitting a former home address on his e-QIP. The judge concluded that these admissions and omissions demonstrated a lack of reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to multiple alcohol-related offenses, including two DWI arrests.
He failed to disclose significant disciplinary actions from his military service and employment history on his e-QIP.
The applicant did not complete court-ordered requirements following his DWI convictions, leading to bench warrants.
He demonstrated a pattern of falsification and lack of candor in his security clearance application.

Conditions Referenced

Disqualifying

G.2.araisedAlcohol-related Incidents Away From Work
G.2.graisedFailure to Follow Any Court Order Regarding Alcohol Education, Evaluation, Treatment, or Abstinence
E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E.2.braisedDeliberately Providing False or Misleading Information
E.2.draisedCredible Adverse Information That Supports a Whole-person Assessment of Questionable Judgment
E.2.eraisedPersonal Conduct That Creates a Vulnerability to Exploitation

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 issuedSep 23, 2009
Answer filedOct 16, 2009Applicant requested decision on written record.
Hearing held—No hearing; decided on written record.
Decision dateMar 31, 2010

Cite For

Denial Based on Pattern of Alcohol-related Offenses Under Guideline G
Failure to Disclose Significant Past Conduct Under Guideline E
Impact of Falsification on Security Clearance Eligibility

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 intentionally, deliberately, and repeatedly falsified information about his two DWI arrests and convictions, his prior employment and termination by his former employer, and his Army Article 15 actions and subsequent administrative discharge for a pattern of misconduct under Army regulations on his May 2, 2008 e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.b	Applicant gave false and misleading information to the government investigator in July 2008 about his job termination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.c	Applicant was habitually late for work both as an Army service member and a civilian employee.	Against Applicant	Rules Violation at Workplace	—	Denied	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.d	Applicant did not disclose his Article 15 actions in his e-QIP in his response to Question 23 (e).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.e	Applicant did not list his first-born child in his response to Sections 14/15 of the e-QIP.	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 (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—
2.f	Applicant did not list a former home address in his e-QIP.	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 (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally, deliberately, and repeatedly falsified information about his two DWI arrests and convictions, his prior employment and termination by his former employer, and his Army Article 15 actions and subsequent administrative discharge for a pattern of misconduct under Army regulations on his May 2, 2008 e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.b

Applicant gave false and misleading information to the government investigator in July 2008 about his job termination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Employment History

Denied

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

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.c

Applicant was habitually late for work both as an Army service member and a civilian employee.

Against Applicant

Rules Violation at Workplace

—

Denied

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.d

Applicant did not disclose his Article 15 actions in his e-QIP in his response to Question 23 (e).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.e

Applicant did not list his first-born child in his response to Sections 14/15 of the e-QIP.

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

2.f

Applicant did not list a former home address in his e-QIP.

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

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

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	Applicant was arrested on May 17, 1998, on charged with driving under the influence of alcohol, improper use of disabled parking privileges, and illegal consumption of ethyl alcohol by an underage person.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	—	—
1.b	Applicant was arrested on December 8, 2007, on charges of driving while intoxicated (first offense) (DWI) and failure to maintain a traffic lane.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (g) failure to follow a court order regarding alcohol	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

Applicant was arrested on May 17, 1998, on charged with driving under the influence of alcohol, improper use of disabled parking privileges, and illegal consumption of ethyl alcohol by an underage person.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(g) failure to follow a court order regarding alcohol

—

1.b

Applicant was arrested on December 8, 2007, on charges of driving while intoxicated (first offense) (DWI) and failure to maintain a traffic lane.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(g) failure to follow a court order regarding alcohol

—

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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