ISCR Case 10-08729.h1

Case Headnote

ISCR Case No. 10-08729.h1

deniedJul 1, 2010· Hon. Joan Caton Anthony· hearing

Summary

A 56-year-old government contractor applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline G (Alcohol Consumption). The denial stemmed from a history of alcohol-related incidents and multiple instances of falsification on his e-QIP forms.

The applicant's record included several DUI arrests between 1979 and 2005, with charges ranging from Driving Under the Influence to Aggravated Driving While Under the Influence and Drunkenness and Disorderly Conduct. He also had a history of binge drinking. Furthermore, the applicant deliberately falsified his e-QIPs by failing to list all his DUIs, omitting details about 2006 alcohol counseling and treatment, and incorrectly answering questions about his alcohol history on his 2007 and 2010 forms. He also failed to disclose his first marriage and spouse on both his 2007 and 2010 e-QIPs.

Despite the applicant's claim of six years of sobriety and the submission of character references, the judge found insufficient evidence to mitigate the security concerns. The judge concluded that the applicant had a long history of alcohol-related incidents, admitted to falsifying information on his e-QIPs, and did not provide adequate evidence of rehabilitation or a professional prognosis.

Why the Applicant Was Denied

Applicant had a long history of alcohol-related incidents, including multiple DUI arrests.
Applicant admitted to falsifying information on his e-QIPs regarding his alcohol use and employment history.
The judge found that the applicant did not provide sufficient evidence of rehabilitation or a prognosis from a qualified professional.

Conditions Referenced

Disqualifying

G.22.araisedAlcohol-related Incidents Away From Work
G.22.craisedHabitual or Binge Consumption of Alcohol
E.2.araisedDeliberate Falsification of Material Facts
E.2.braisedDeliberate Falsification of Material Facts
E.2.craisedDeliberate Falsification of Material Facts
E.2.draisedDeliberate Falsification of Material Facts
E.2.eraisedDeliberate Falsification of Material Facts
E.2.fraisedDeliberate Falsification of Material Facts
E.2.graisedDeliberate Falsification of Material Facts
E.2.hraisedDeliberate Falsification of Material Facts

Mitigating

G.23.arejectedTime Passed or Infrequent Behavior Unlikely to RecurThe judge found that the applicant's history of alcohol-related incidents was extensive and raised ongoing concerns.
G.23.brejectedAcknowledgment of Alcoholism and Evidence of Actions TakenThe applicant's claims of sobriety were not sufficiently supported by professional evaluation.

Key Rule Quoted

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

Procedural Posture

SOR issuedMar 4, 2011
Amended SOR issuedApr 20, 2011
Answer filedApr 4, 2011Applicant requested a decision on the record.
Hearing held—Decision made based on the record.
Decision dateAug 24, 2011

Cite For

Denial Based on Extensive History of Alcohol-related Incidents
Falsification of Material Facts on E-qips
Insufficient Evidence of Rehabilitation Despite Claims of Sobriety

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’s failure to list all of his DUIs in response to Section 22e constituted a deliberate falsification of his e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	Applicant’s failure to list all of his DUIs in response to Section 23d constituted a deliberate falsification of his e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	Applicant’s failure to list his 2006 alcohol counselling constituted intentional falsification of material facts.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
2.d	Applicant’s failure to list his 2006 alcohol treatment constituted intentional falsification of material facts.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
2.e	Applicant falsified a material fact on his 2007 e-QIP when he answered 'No' to Section 22.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Admitted	—	—	—
2.f	Applicant falsified material facts on his 2010 e-QIP when he answered 'No' to Question 13c.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Admitted	—	—	—
2.g	Applicant falsified material facts on his 2007 e-QIP when he identified only his second marriage and spouse and failed to identify his first marriage and spouse.	For Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—
2.h	Applicant falsified material facts on his 2010 e-QIP when he identified only his second marriage and spouse and failed to identify his first marriage and spouse.	For Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s failure to list all of his DUIs in response to Section 22e constituted a deliberate falsification of his e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

Applicant’s failure to list all of his DUIs in response to Section 23d constituted a deliberate falsification of his e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.c

Applicant’s failure to list his 2006 alcohol counselling constituted intentional falsification of material facts.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

2.d

Applicant’s failure to list his 2006 alcohol treatment constituted intentional falsification of material facts.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

2.e

Applicant falsified a material fact on his 2007 e-QIP when he answered 'No' to Section 22.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Admitted

—

2.f

Applicant falsified material facts on his 2010 e-QIP when he answered 'No' to Question 13c.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Admitted

—

2.g

Applicant falsified material facts on his 2007 e-QIP when he identified only his second marriage and spouse and failed to identify his first marriage and spouse.

For Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

2.h

Applicant falsified material facts on his 2010 e-QIP when he identified only his second marriage and spouse and failed to identify his first marriage and spouse.

For Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	In February 1979, Applicant was arrested and charged with Driving Under the Influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.b	Applicant was arrested, charged, and received probation for DUI in 1988.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.c	In November 1992, Applicant was arrested and charged with DUI, and in January 1995 he was convicted of the charge.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.d	In May 1996, Applicant was arrested and charged with Aggravated Driving While Under the Influence of Alcohol and Careless Driving.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.e	In September 1996, Applicant was arrested for Drunkenness and Disorderly Conduct, and a Failure to Appear warrant was issued in connection with that arrest in September 1997.	Against Applicant	Alcohol Related Arrest	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.f	Applicant was arrested in October 1998 and charged with DUI. The SOR further alleged that Applicant was convicted, lost his driver’s license, was sentenced to confinement for 0-5 years, and was released on parole.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.g	Applicant was arrested in May 2005 and charged with Driving While Impaired. The SOR further alleged that Applicant received a fine, probation, and loss of his driver’s license for one year.	Against Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—
1.h	Applicant has a history of binge drinking.	Against Applicant	Binge or Intoxication Pattern	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.) (c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

In February 1979, Applicant was arrested and charged with Driving Under the Influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.b

Applicant was arrested, charged, and received probation for DUI in 1988.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.c

In November 1992, Applicant was arrested and charged with DUI, and in January 1995 he was convicted of the charge.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.d

In May 1996, Applicant was arrested and charged with Aggravated Driving While Under the Influence of Alcohol and Careless Driving.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.e

In September 1996, Applicant was arrested for Drunkenness and Disorderly Conduct, and a Failure to Appear warrant was issued in connection with that arrest in September 1997.

Against Applicant

Alcohol Related Arrest

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.f

Applicant was arrested in October 1998 and charged with DUI. The SOR further alleged that Applicant was convicted, lost his driver’s license, was sentenced to confinement for 0-5 years, and was released on parole.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.g

Applicant was arrested in May 2005 and charged with Driving While Impaired. The SOR further alleged that Applicant received a fine, probation, and loss of his driver’s license for one year.

Against Applicant

DUI or DWI Alcohol

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

1.h

Applicant has a history of binge drinking.

Against Applicant

Binge or Intoxication Pattern

Admitted

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

(c) habitual or binge consumption to the point of impaired judgment

—

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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