ISCR Case 10-02156.h1

Case Headnote

ISCR Case No. 10-02156.h1

deniedMay 26, 2011· Hon. Wilford H. Ross· hearing

Summary

A 57-year-old defense contractor was denied a security clearance under Guideline E (Personal Conduct) due to multiple instances of dishonesty. The applicant was fired from Company A in February 2008 for accepting $500 to improperly approve plans, a deception that led to his discharge. However, in a November 2009 interview with the Office of Personnel Management (OPM), he falsely claimed he left Company A for a better-paying position at Company B.

Additionally, in a September 2009 e-QIP, the applicant stated he was laid off from Company B but intentionally omitted his discharge from Company A for misconduct. In the same questionnaire, he falsely claimed to have received an associate’s degree in 1984, despite his transcript showing only 17 hours of coursework and probationary status. While he admitted to OPM that he had not graduated due to financial issues, his transcript did not support his claim of sufficient coursework. An allegation that he misrepresented his education to two potential employers was not fully supported by the record and was found in his favor.

Finally, the applicant incorrectly answered "No" to a question on his e-QIP about alcohol or drug-related offenses, failing to disclose a 1971 arrest and charge for Driving While Intoxicated, which he later claimed was an inadvertent omission. The judge concluded that the applicant's conduct raised significant concerns about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant made false statements regarding his employment termination and educational background.
He failed to disclose a prior DWI arrest, which he claimed was an inadvertent omission.
The applicant did not provide evidence of good judgment, trustworthiness, or reliability.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty or unwillingness to comply with rules or regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”

Procedural Posture

SOR issuedNov 3, 2010
Answer filedDec 3, 2010
Hearing held—Applicant requested decision without a hearing.
Decision dateMay 26, 2011

Cite For

False Statements During Security Clearance Process Under Guideline E
Failure to Disclose Relevant Employment History
Lack of Mitigating Evidence for Personal Conduct Issues

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 fired in February 2008 from his former employer (Company A). This was due to Applicant accepting $500 from an outside person to bypass Company A rules and improperly approve plans that were subsequently submitted to a governmental entity for approval. The deception was discovered, Applicant’s role was uncovered, and he was discharged from his position.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant was interviewed by an investigator from the Office of Personnel Management (OPM) on November 12, 2009. During that interview, Applicant stated that he left Company A to accept a better paying position with Company B. This was a false statement since, as previously stated, Applicant had been discharged from Company A due to his improper actions.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant filled out an e-QIP on September 21, 2009. The Questionnaire, at Section 13c, asked the Applicant whether, in the last seven years, he had, 'been fired from a job, quit after being told you would be fired, left a job by mutual agreement following charges or allegations of misconduct, left a job by mutual agreement following notice of unsatisfactory performance, left a job for other reasons under unfavorable circumstances, or been laid off from an employer.' He stated, 'Yes,' and disclosed he had been laid off from Company B. He intentionally did not disclose his discharge after allegations of misconduct from Company A.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	In the same Questionnaire, at Section 12, Applicant was asked whether he had received a degree from any school. Applicant stated that he had received an associate’s degree in 1984 from a community college. In fact, Applicant had not completed the course work for a degree. He alleged in his interview with the OPM investigator that Applicant had done sufficient course work for a degree, but did not graduate due to financial issues. His transcript, however, shows that he had only completed 17 hours of course work and was on probation.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Education or Credentials	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.e	The Government alleges in this subparagraph that Applicant admitted in his response to interrogatories propounded to him by DOHA that he had misrepresented his education background to two potential employers by stating he had an associate’s degree. The exhibit does not completely support this statement. Applicant did admit that he had made a claim to prospective employers concerning his having a degree. However, he goes on to state, 'This may be correct but I believe my year of experience was the main factor.' This allegation cannot be resolved with the available record. Accordingly, this allegation is found for Applicant.	For Applicant	Unspecified Personal Conduct	—	Admitted	—	—	—
1.f	The Applicant’s e-QIP, at Section 22.d., asks, 'Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?' Applicant answered, No. This was an incorrect response, since Applicant had been arrested and charged with Driving While Intoxicated in 1971. Applicant stated in his OPM interview that this omission was inadvertent.	Against Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant was fired in February 2008 from his former employer (Company A). This was due to Applicant accepting $500 from an outside person to bypass Company A rules and improperly approve plans that were subsequently submitted to a governmental entity for approval. The deception was discovered, Applicant’s role was uncovered, and he was discharged from his position.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Admitted

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

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

—

1.b

Applicant was interviewed by an investigator from the Office of Personnel Management (OPM) on November 12, 2009. During that interview, Applicant stated that he left Company A to accept a better paying position with Company B. This was a false statement since, as previously stated, Applicant had been discharged from Company A due to his improper actions.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

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

—

1.c

Applicant filled out an e-QIP on September 21, 2009. The Questionnaire, at Section 13c, asked the Applicant whether, in the last seven years, he had, 'been fired from a job, quit after being told you would be fired, left a job by mutual agreement following charges or allegations of misconduct, left a job by mutual agreement following notice of unsatisfactory performance, left a job for other reasons under unfavorable circumstances, or been laid off from an employer.' He stated, 'Yes,' and disclosed he had been laid off from Company B. He intentionally did not disclose his discharge after allegations of misconduct from Company A.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Admitted

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

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

—

1.d

In the same Questionnaire, at Section 12, Applicant was asked whether he had received a degree from any school. Applicant stated that he had received an associate’s degree in 1984 from a community college. In fact, Applicant had not completed the course work for a degree. He alleged in his interview with the OPM investigator that Applicant had done sufficient course work for a degree, but did not graduate due to financial issues. His transcript, however, shows that he had only completed 17 hours of course work and was on probation.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Education or Credentials

Admitted

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

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

—

1.e

The Government alleges in this subparagraph that Applicant admitted in his response to interrogatories propounded to him by DOHA that he had misrepresented his education background to two potential employers by stating he had an associate’s degree. The exhibit does not completely support this statement. Applicant did admit that he had made a claim to prospective employers concerning his having a degree. However, he goes on to state, 'This may be correct but I believe my year of experience was the main factor.' This allegation cannot be resolved with the available record. Accordingly, this allegation is found for Applicant.

For Applicant

Unspecified Personal Conduct

—

Admitted

—

1.f

The Applicant’s e-QIP, at Section 22.d., asks, 'Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?' Applicant answered, No. This was an incorrect response, since Applicant had been arrested and charged with Driving While Intoxicated in 1971. Applicant stated in his OPM interview that this omission was inadvertent.

Against Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

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

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

—

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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