ISCR Case 10-01935.h1

Case Headnote

ISCR Case No. 10-01935.h1

deniedJan 26, 2012· Hon. Joan Caton Anthony· hearing

Summary

A 50-year-old property management specialist and military veteran was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The applicant had a history of violent conduct, including multiple arrests for assault, battery, and illegal gun use, dating back to 1982. Specific charges included aggravated assault in 1982 (resulting in a not guilty verdict by court martial), handgun on person in 1991, battery and handgun use in 1994, assault and deadly weapon charges in 1997, and multiple DUI charges in 1999 and 2002. Additionally, he faced charges for wrongful possession of marijuana and a prohibited drug in 1983.

A significant factor in the denial was the deliberate falsification of his e-QIP, where the applicant failed to disclose these arrests and charges. Furthermore, the applicant had a documented history of alcohol-related incidents, including the DUIs, and was evaluated as alcohol dependent by a licensed counselor. He failed to comply with recommended treatment for his alcohol dependence.

The judge found that the applicant did not provide credible evidence to mitigate the government's concerns regarding his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had a history of violent conduct, including multiple arrests for assault and DUI.
The applicant deliberately falsified material facts on his e-QIP regarding his criminal history and financial delinquencies.
The applicant provided no credible evidence in mitigation of the government's concerns.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not provide evidence of good-faith efforts to correct his omissions.
AG ¶ 17(d)rejectedAcknowledgment of Behavior and Obtaining CounselingThe applicant did not demonstrate sufficient acknowledgment or steps taken to mitigate his behavior.
AG ¶ 17(e)rejectedPositive Steps to Reduce Vulnerability to ExploitationThe applicant's past conduct and lack of credible evidence did not support this condition.

Key Rule Quoted

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

Procedural Posture

SOR issuedJun 6, 2011
Answer filedJul 12, 2011Requested decision on the record.
Hearing held—
Decision dateJan 26, 2012

Cite For

Deliberate Falsification of E-qip Under Guideline E
History of Violent Conduct Impacting Security Clearance Eligibility
Failure to Mitigate Personal Conduct Concerns Under Guideline E and G.

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	Applicant was arrested and charged with assault three times, DUI twice, battery once, illegal gun use twice, and wrongful possession of marijuana once. This conduct is alleged at SOR ¶ 1.a.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.b	Applicant did not disclose the facts alleged in SOR ¶¶ 1.a., 1.b., 1.c., 1.e., and 1.g., and the SOR alleges that Applicant’s failure to disclose this information was a deliberate falsification of his e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.c	Applicant was charged with DUI in 1999 and 2002. This conduct is alleged at SOR ¶ 1.c.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.d	In September 1997, Applicant was charged with one count of assault, 2nd degree, and two counts of deadly weapon. This conduct is alleged at SOR ¶ 1.d.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.e	In 1994, Applicant was charged with battery, handgun use in felony violation of a crime, and handgun on person. This conduct is alleged at SOR ¶ 1.e.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.f	In November 1991, Applicant was charged with handgun on person. This conduct is alleged at SOR ¶ 1.f.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.g	In 1983, while serving in the military, Applicant was charged with wrongful possession of marijuana and wrongful possession of a prohibited drug. This conduct is alleged at SOR ¶ 1.g.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.h	In November 1982, during his military service, Applicant was charged with aggravated assault. He was tried by special court martial and found not guilty. This conduct is alleged at SOR ¶ 1.h.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
1.i–1.k	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

Applicant was arrested and charged with assault three times, DUI twice, battery once, illegal gun use twice, and wrongful possession of marijuana once. This conduct is alleged at SOR ¶ 1.a.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.b

Applicant did not disclose the facts alleged in SOR ¶¶ 1.a., 1.b., 1.c., 1.e., and 1.g., and the SOR alleges that Applicant’s failure to disclose this information was a deliberate falsification of his e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.c

Applicant was charged with DUI in 1999 and 2002. This conduct is alleged at SOR ¶ 1.c.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.d

In September 1997, Applicant was charged with one count of assault, 2nd degree, and two counts of deadly weapon. This conduct is alleged at SOR ¶ 1.d.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.e

In 1994, Applicant was charged with battery, handgun use in felony violation of a crime, and handgun on person. This conduct is alleged at SOR ¶ 1.e.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.f

In November 1991, Applicant was charged with handgun on person. This conduct is alleged at SOR ¶ 1.f.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.g

In 1983, while serving in the military, Applicant was charged with wrongful possession of marijuana and wrongful possession of a prohibited drug. This conduct is alleged at SOR ¶ 1.g.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.h

In November 1982, during his military service, Applicant was charged with aggravated assault. He was tried by special court martial and found not guilty. This conduct is alleged at SOR ¶ 1.h.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

—

1.i–1.k

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
2.a	The applicant has a history of alcohol-related incidents, including multiple DUIs.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
2.b	The applicant was evaluated as alcohol dependent by a licensed counselor and social worker during treatment.	Against Applicant	Alcohol Use Disorder Diagnosed	Admitted	—	—	—
2.c	The applicant failed to comply with treatment recommendations after being diagnosed with alcohol dependence.	Against Applicant	Treatment Non Compliance	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including multiple DUIs.

Against Applicant

DUI or DWI Alcohol

Admitted

—

2.b

The applicant was evaluated as alcohol dependent by a licensed counselor and social worker during treatment.

Against Applicant

Alcohol Use Disorder Diagnosed

Admitted

—

2.c

The applicant failed to comply with treatment recommendations after being diagnosed with alcohol dependence.

Against Applicant

Treatment Non Compliance

Unknown

—

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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