ISCR Case 10-06391.h1

Case Headnote

ISCR Case No. 10-06391.h1

deniedNov 21, 2011· Hon. Rita C. O'Brien· hearing

Summary

A 32-year-old male applicant with military service was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from multiple criminal charges, significant unresolved debts, and admissions of falsifying information on security clearance applications.

Specifically, the applicant was found to have deliberately falsified his 1998 and 2010 security clearance applications regarding illegal drug use and failed to list alcohol-related arrests from 2003 and 2006. He also faced allegations of being terminated from employment in 1996 and 2006 due to his conduct. Financial concerns included $9,598 in child support arrears, a $5,984 deficiency from a repossessed vehicle, $312 for misappropriated funds, and disputed debts to a telephone and cable company.

Criminal conduct allegations included a dismissed Breach of Trust charge from age 18, nonjudicial punishment for shoplifting while in Japan, a Driving While Intoxicated (DWI) conviction, and a dismissed Aggravated Assault charge. Further allegations involved dismissed charges for Possession of Marijuana and Possession with Intent to Distribute Cocaine, a charge of Theft of $100 or Less related to obtaining license plates, and a subsequent DWI conviction with additional violations. The judge concluded that the applicant's admissions and lack of credible rehabilitation evidence warranted the denial.

Why the Applicant Was Denied

The applicant had multiple criminal charges, including theft and driving under the influence, which raised concerns about his judgment and reliability.
The applicant failed to demonstrate sufficient efforts to resolve significant financial debts totaling over $21,000, indicating poor self-control and lack of judgment.
The applicant's admissions of falsifying information on security clearance applications further undermined his credibility and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMar 10, 2011
Answer filedMar 26, 2011
Hearing heldOct 25, 2011
Decision dateNov 21, 2011

Cite For

Denial Based on Multiple Criminal Charges Under Guideline J
Denial Due to Significant Unresolved Debts Under Guideline F
Credibility Issues Arising From Falsification of Security Clearance Applications Under Guideline E

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
3.a	deliberately falsified his security clearance applications in 1998 and 2010 about his illegal drug use	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
3.b	falsified his 2010 security clearance application about his use of an illegal drug while holding a security clearance	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
3.c	falsified his 2010 security clearance application by failing to list his alcohol-related arrests in 2003 and 2006	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
3.d	engaged in conduct that resulted in his being terminated from employment in 1996 and in 2006	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
3.e–3.g	3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

deliberately falsified his security clearance applications in 1998 and 2010 about his illegal drug use

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.b

falsified his 2010 security clearance application about his use of an illegal drug while holding a security clearance

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.c

falsified his 2010 security clearance application by failing to list his alcohol-related arrests in 2003 and 2006

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

3.d

engaged in conduct that resulted in his being terminated from employment in 1996 and in 2006

Against Applicant

Rules Violation at Workplace

—

Admitted

—

3.e–3.g

3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant owes $9,598 in child support arrears. $9,598	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b–1.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.d	Applicant disputes a debt of $537 owed to a telephone company. $537	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e–1.g	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.h	Applicant owes $312 for funds misappropriated after his check card was stolen. $312	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.i	Applicant has an unpaid deficiency of $5,984 from a repossessed vehicle. $5,984	Against Applicant	Auto Loan Debt	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.j–1.k	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.l	Applicant disputes a cable company debt for an unreturned cable box.	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant owes $9,598 in child support arrears.

$9,598

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b–1.c

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

Against Applicant

—

1.d

Applicant disputes a debt of $537 owed to a telephone company.

$537

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e–1.g

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

Against Applicant

—

1.h

Applicant owes $312 for funds misappropriated after his check card was stolen.

$312

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.i

Applicant has an unpaid deficiency of $5,984 from a repossessed vehicle.

$5,984

Against Applicant

Auto Loan Debt

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.j–1.k

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

Against Applicant

—

1.l

Applicant disputes a cable company debt for an unreturned cable box.

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Breach of Trust, allegation 2.a - When Applicant was 18 years old, he worked for a “big box” discount store. He gave clothes and baby items to a friend without paying for them. He was terminated from his job, and charged with Breach of Trust. He testified he was “young and dumb” and displayed bad judgment. The case was dismissed.	Against Applicant	Theft or Larceny	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.b	Shoplifting, allegation 2.b - Applicant testified that when he was stationed in Japan, he was with another younger Marine, who stole a video game. He testified that he “took the hit” of shoplifting for the other Marine. However, the Navy incident report states that he was observed on closed circuit television taking two video games and a music CD worth $51.43. The merchandise was found on his person. Applicant received nonjudicial punishment (NJP), 60 days restriction, and 60 days extra duty.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.c	Driving while Intoxicated (DWI), allegation 2.c – While on active duty, and after returning from Afghanistan, Applicant was drinking and driving. His blood alcohol level was at the legal limit for intoxication. He was charged with DWI. He was found guilty, fined, lost his driving privileges for 60 days, and was sentenced to 60 days unsupervised probation. He was required to take on-base alcohol counseling, and to teach younger Marines about the dangers of drunk driving.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.d	Aggravated Assault, allegation 2.d - Applicant was attacked by two men, who attempted to rob him. He fought back and was arrested, along with the assailants. He was charged with Aggravated Assault. The government dismissed the charge against Applicant and released him. Several days later, he was asked to appear in the case as a government witness. He testified against the assailants.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.e	Possession of Marijuana; Possession with Intent to Distribute Cocaine, allegation 2.e - Applicant was with several friends, near his aunt’s home. The police detained the group, and searched the area. They found cocaine in nearby bushes. Applicant and his friends were arrested. He admitted in his security interview that he was socializing with the wrong crowd. Applicant testified they were not his drugs and he did not know who owned them. The charges against Applicant were dismissed.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.f	Theft of $100 or Less, allegation 2.f – Applicant did not have the funds to pay for license plates for his car. He paid a lesser amount to a friend who worked at the Department of Motor Vehicles to obtain plates for him. He thought his friend was going to give him legitimate tags “under the table,” without paying for them. He testified that he did not know the plates were stolen. He was stopped by police and charged with theft. The charge was not prosecuted, but he was found guilty on another charge stemming from the same event.	Against Applicant	Theft or Larceny	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.g	Driving under the Influence of Alcohol, allegation 2.g – Applicant was drinking with friends. While driving home, he had a flat tire, pulled over to the curb, and waited for a tow truck. It was late, and a police officer stopped to check. During the license check, the officer discovered that Applicant's license plates were stolen. Applicant was arrested and charged with DWI, Theft of $100 or Less (see allegation 2.f, above) and numerous violations including driving on an expired license, driving an unregistered vehicle, and operating an uninsured vehicle. Applicant pled guilty to DWI, and was sentenced to probation before judgment. He was fined more than $1,000, and his license was suspended for 90 days. After this arrest, he attended alcohol classes two times per week for three months.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Breach of Trust, allegation 2.a - When Applicant was 18 years old, he worked for a “big box” discount store. He gave clothes and baby items to a friend without paying for them. He was terminated from his job, and charged with Breach of Trust. He testified he was “young and dumb” and displayed bad judgment. The case was dismissed.

Against Applicant

Theft or Larceny

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.b

Shoplifting, allegation 2.b - Applicant testified that when he was stationed in Japan, he was with another younger Marine, who stole a video game. He testified that he “took the hit” of shoplifting for the other Marine. However, the Navy incident report states that he was observed on closed circuit television taking two video games and a music CD worth $51.43. The merchandise was found on his person. Applicant received nonjudicial punishment (NJP), 60 days restriction, and 60 days extra duty.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.c

Driving while Intoxicated (DWI), allegation 2.c – While on active duty, and after returning from Afghanistan, Applicant was drinking and driving. His blood alcohol level was at the legal limit for intoxication. He was charged with DWI. He was found guilty, fined, lost his driving privileges for 60 days, and was sentenced to 60 days unsupervised probation. He was required to take on-base alcohol counseling, and to teach younger Marines about the dangers of drunk driving.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.d

Aggravated Assault, allegation 2.d - Applicant was attacked by two men, who attempted to rob him. He fought back and was arrested, along with the assailants. He was charged with Aggravated Assault. The government dismissed the charge against Applicant and released him. Several days later, he was asked to appear in the case as a government witness. He testified against the assailants.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.e

Possession of Marijuana; Possession with Intent to Distribute Cocaine, allegation 2.e - Applicant was with several friends, near his aunt’s home. The police detained the group, and searched the area. They found cocaine in nearby bushes. Applicant and his friends were arrested. He admitted in his security interview that he was socializing with the wrong crowd. Applicant testified they were not his drugs and he did not know who owned them. The charges against Applicant were dismissed.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.f

Theft of $100 or Less, allegation 2.f – Applicant did not have the funds to pay for license plates for his car. He paid a lesser amount to a friend who worked at the Department of Motor Vehicles to obtain plates for him. He thought his friend was going to give him legitimate tags “under the table,” without paying for them. He testified that he did not know the plates were stolen. He was stopped by police and charged with theft. The charge was not prosecuted, but he was found guilty on another charge stemming from the same event.

Against Applicant

Theft or Larceny

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.g

Driving under the Influence of Alcohol, allegation 2.g – Applicant was drinking with friends. While driving home, he had a flat tire, pulled over to the curb, and waited for a tow truck. It was late, and a police officer stopped to check. During the license check, the officer discovered that Applicant's license plates were stolen. Applicant was arrested and charged with DWI, Theft of $100 or Less (see allegation 2.f, above) and numerous violations including driving on an expired license, driving an unregistered vehicle, and operating an uninsured vehicle. Applicant pled guilty to DWI, and was sentenced to probation before judgment. He was fined more than $1,000, and his license was suspended for 90 days. After this arrest, he attended alcohol classes two times per week for three months.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

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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