ISCR Case 10-01275.h1

Case Headnote

ISCR Case No. 10-01275.h1

deniedJan 24, 2012· Hon. Thomas M. Crean· hearing

Summary

A 37-year-old former Marine Corps member was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of excessive alcohol use from 1996 to 2006, including multiple alcohol-related offenses. These included convictions for driving without a license and open container violations in 1996 and 1997, respectively. In 2003, he faced charges for possession of cocaine, driving under the influence, driving with a revoked license, expired tags, insurance violation, and an open container violation. He was also charged with driving under the influence and another driving-related offense in 2006.

Beyond alcohol-related issues, the applicant knowingly operated a vehicle without insurance, proper tags, and with a revoked license. He was charged with driving on a suspended license in 2001 and driving with a revoked license in 2002, though the latter was nolle prossed. Additionally, he was arrested and charged with possession of pornographic material.

The applicant provided false information on his security clearance application, answering "no" to a felony question despite listing a 2003 cocaine possession offense and a 2006 DWI offense, but omitting other alcohol-related driving offenses. Despite his claims of reform and abstinence from alcohol since 2006, the judge found insufficient evidence to mitigate the security concerns, leading to the denial of his clearance.

Why the Applicant Was Denied

The applicant admitted to a history of excessive alcohol consumption and multiple alcohol-related offenses.
The applicant provided false or misleading information on his security clearance application.
The applicant's claims of reform and abstinence were not sufficiently supported by evidence.

Conditions Referenced

Disqualifying

G 22(a)raisedAlcohol Consumption Disqualifying Condition
E 2.eraisedProviding False or Misleading Information
E 2.graisedPossession of Child Pornography

Mitigating

G 23(a)rejectedTime Passed or Unlikely to RecurThe applicant's past alcohol-related incidents were deemed significant enough to affect current reliability.
G 23(b)rejectedAcknowledgment and Action TakenThe applicant's claims of reform were not sufficiently supported by evidence.

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 issuedMay 16, 2011
Answer filedMay 24, 2011
Hearing heldNov 10, 2011
Decision dateJan 24, 2012

Cite For

Disqualifying Conditions Related to Alcohol Consumption Under Guideline G
Disqualifying Conditions for Providing False Information Under Guideline E
The Importance of Evidence in Establishing Claims of Rehabilitation and Reform.

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 knowingly operated a vehicle without insurance, proper tags, and while his license was revoked.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.b	In May 2001, he was charged with and fined for driving on a suspended license and for failing to appear on the charge.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.c	He was charged in October 2002 with driving with a revoked license. The charge was nolle prossed.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
2.d	SOR 2.d cross alleged SOR allegations 1.b, 1.c, 1.d, and 1.e.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	—	—
2.e	Applicant answered 'no' to the question which asks if he had ever been charged with or convicted of a felony.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.f	He answered 'yes' listing the 2006 driving while intoxicated offense and the 2003 possession of cocaine offense. He did not list other alcohol-related driving offenses.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.g	Applicant was arrested and charged with possession of pornographic material.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant knowingly operated a vehicle without insurance, proper tags, and while his license was revoked.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

2.b

In May 2001, he was charged with and fined for driving on a suspended license and for failing to appear on the charge.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

2.c

He was charged in October 2002 with driving with a revoked license. The charge was nolle prossed.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

2.d

SOR 2.d cross alleged SOR allegations 1.b, 1.c, 1.d, and 1.e.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

2.e

Applicant answered 'no' to the question which asks if he had ever been charged with or convicted of a felony.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

2.f

He answered 'yes' listing the 2006 driving while intoxicated offense and the 2003 possession of cocaine offense. He did not list other alcohol-related driving offenses.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

2.g

Applicant was arrested and charged with possession of pornographic material.

Against Applicant

Questionable Judgment General

—

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1996 until 2006.	For Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence	—
1.b	In March 1996, he was convicted for having no operator’s license and charged with open container after consuming alcohol.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence	—
1.c	In July 1997, he was found guilty of an open container violation.	For Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence	—
1.d	In September 2003, he was charged with possession of cocaine, driving under the influence of alcohol, driving while on a revoked license, driving with expired tags, violation of mandatory insurance, and an open container violation.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence	—
1.e	In May 2006, he was charged with driving under the influence of alcohol, and another driving-related offense.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(b) acknowledges the pattern and has established modified use or abstinence	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The Applicant consumed alcohol, at times to excess and to the point of intoxication, from approximately 1996 until 2006.

For Applicant

Binge or Intoxication Pattern

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.b

In March 1996, he was convicted for having no operator’s license and charged with open container after consuming alcohol.

For Applicant

DUI or DWI Alcohol

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.c

In July 1997, he was found guilty of an open container violation.

For Applicant

Alcohol Related Arrest

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.d

In September 2003, he was charged with possession of cocaine, driving under the influence of alcohol, driving while on a revoked license, driving with expired tags, violation of mandatory insurance, and an open container violation.

For Applicant

DUI or DWI Alcohol

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

1.e

In May 2006, he was charged with driving under the influence of alcohol, and another driving-related offense.

For Applicant

DUI or DWI Alcohol

Admitted

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

(b) acknowledges the pattern and has established modified use or abstinence

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION