ISCR Case 10-02010.h1

Case Headnote

ISCR Case No. 10-02010.h1

deniedSep 21, 2011· Hon. Robert E. Coacher· hearing

Summary

A 52-year-old contract administrator was denied eligibility for a public trust position due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline M (Use of Information Technology Systems). The denial stemmed from a history of alcohol abuse, multiple false statements regarding his alcohol consumption, and misuse of company computers.

Specifically, the applicant engaged in excessive alcohol consumption from 1975 to March 2011, leading to criminal charges, workplace issues, and treatment. He reported to work under the influence in August 2003, resulting in a suspension, and had special program access revoked by another government agency in September 2005 due to alcohol abuse. He also failed to disclose a 1994 DUI arrest on his March 2004 security clearance application and made false statements to investigators in May 2004 and October 2009 regarding his alcohol use. Additionally, he was arrested for DUI in September 2007, pleading guilty to driving while impaired.

The applicant also violated company policy by using his office computer to access pornographic material, which led to his termination from a previous job. The judge found that the applicant failed to mitigate these concerns, resulting in the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to multiple instances of alcohol-related incidents, including DUI arrests and workplace issues due to alcohol consumption.
He provided false statements regarding his alcohol use in security clearance applications and during interviews.
The applicant's misuse of company computers to access pornographic material resulted in his termination from a previous job.

Conditions Referenced

Disqualifying

E2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire
E2.bappliedDeliberately Providing False or Misleading Information Concerning Relevant Facts to an Employer, Investigator, Security Official, Competent Medical Authority, or Other Official Government Representative
G2.aappliedAlcohol-related Incidents Away From Work, Such as Driving While Under the Influence
G2.bappliedAlcohol-related Incidents at Work, Regardless of Whether the Individual Is Diagnosed as an Alcohol Abuser or Alcohol Dependent
M2.eappliedUnauthorized Use of a Government or Other Information Technology System

Mitigating

E3.bappliedThe Omission or Concealment Was Caused by Improper Advice of Legal Counsel Advising the Individual Specifically Concerning the Security Clearance Process

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 1, 2011
Answer filedMar 11, 2011
Hearing heldJun 29, 2011
Decision dateSep 21, 2011

Cite For

Failure to Mitigate Security Concerns Under Guideline E Due to False Statements
Impact of Alcohol-related Incidents on Security Clearance Eligibility
Misuse of Information Technology Systems Leading to Termination as a Disqualifying Factor

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	In October 2009, making a false statement in an affidavit to a defense investigator to the effect that he stopped drinking in 2007 and has not consumed any alcohol since then.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Alcohol	Admitted	(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	—	—
1.b	Making a false statement in his March 25, 2004, security clearance application by failing to disclose his 1994 DUI arrest.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(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	—	—
1.c	In May 2004, making a false statement to a defense investigator concerning his alcohol consumption between May 1997 and August 2003.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Alcohol	Admitted	(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	—	—
1.d	In September 1997, failing to report to AGA his alcohol-related conviction and subsequent alcohol-related treatment.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(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	—	—
1.e	In August 2003, reporting to work under the influence of alcohol resulting in a suspension from work.	Against Applicant	Rules Violation at Workplace	—	Admitted	(d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.f–1.h	3 sub-charges — specific text not stated in this decision (2 against, 1 for the applicant). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In October 2009, making a false statement in an affidavit to a defense investigator to the effect that he stopped drinking in 2007 and has not consumed any alcohol since then.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Alcohol

Admitted

(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

—

1.b

Making a false statement in his March 25, 2004, security clearance application by failing to disclose his 1994 DUI arrest.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

(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

—

1.c

In May 2004, making a false statement to a defense investigator concerning his alcohol consumption between May 1997 and August 2003.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Alcohol

Admitted

(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

—

1.d

In September 1997, failing to report to AGA his alcohol-related conviction and subsequent alcohol-related treatment.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

(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

—

1.e

In August 2003, reporting to work under the influence of alcohol resulting in a suspension from work.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

1.f–1.h

3 sub-charges — specific text not stated in this decision (2 against, 1 for the applicant). (low confidence)

Mixed

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Engaging in excessive alcohol consumption between 1975 and March 2011 resulting in a series of alcohol-related criminal charges, work place issues, and alcohol treatment and counseling over that period.	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
3.b	In August 2003, reporting to work under the influence of alcohol resulting in a suspension from work.	Against Applicant	Intoxication at Work or Duty	Admitted	—	—	—
3.c	In September 2005, having his special program access revoked by another government agency because of his alcohol abuse.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.d	In September 1997, failing to report to AGA his alcohol-related conviction and subsequent alcohol-related treatment.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.e	Making a false statement in his March 25, 2004, security clearance application by failing to disclose his 1994 DUI arrest.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.f	In May 2004, making a false statement to a defense investigator concerning his alcohol consumption between May 1997 and August 2003.	Against Applicant	Unspecified Alcohol Incident	Admitted	—	—	—
3.g	In October 2009, making a false statement in an affidavit to a defense investigator to the effect that he stopped drinking in 2007 and has not consumed any alcohol since then.	Against Applicant	Continued Use After Treatment	Admitted	—	—	—
3.h	In September 2007, arrested and charged with DUI, pleaded guilty to driving while impaired.	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Engaging in excessive alcohol consumption between 1975 and March 2011 resulting in a series of alcohol-related criminal charges, work place issues, and alcohol treatment and counseling over that period.

Against Applicant

Binge or Intoxication Pattern

Admitted

—

3.b

In August 2003, reporting to work under the influence of alcohol resulting in a suspension from work.

Against Applicant

Intoxication at Work or Duty

Admitted

—

3.c

In September 2005, having his special program access revoked by another government agency because of his alcohol abuse.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.d

In September 1997, failing to report to AGA his alcohol-related conviction and subsequent alcohol-related treatment.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.e

Making a false statement in his March 25, 2004, security clearance application by failing to disclose his 1994 DUI arrest.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.f

In May 2004, making a false statement to a defense investigator concerning his alcohol consumption between May 1997 and August 2003.

Against Applicant

Unspecified Alcohol Incident

Admitted

—

3.g

In October 2009, making a false statement in an affidavit to a defense investigator to the effect that he stopped drinking in 2007 and has not consumed any alcohol since then.

Against Applicant

Continued Use After Treatment

Admitted

—

3.h

In September 2007, arrested and charged with DUI, pleaded guilty to driving while impaired.

Against Applicant

DUI or DWI Alcohol

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶40)	Mitigating applied (¶41)	Mitigation
2.a	violating his company’s policy related to information technology systems by using his office computer to access pornographic material	Against Applicant	Unauthorized Use of System	Admitted	(e) unauthorized use of any information technology system	—	—

Allegation

Finding

Type

Response

Disqualifying (¶40)

Mitigating applied (¶41)

Mitigation

2.a

violating his company’s policy related to information technology systems by using his office computer to access pornographic material

Against Applicant

Unauthorized Use of System

Admitted

(e) unauthorized use of any information technology system

—

Loading case…

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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES