ISCR Case 11-09882.h1

Case Headnote

ISCR Case No. 11-09882.h1

deniedJan 9, 2014· Hon. Robert E. Coacher· hearing

Summary

A 38-year-old single mother with military service was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The Statement of Reasons cited her December 2010 arrest for DUI and related charges, as well as three domestic violence arrests in May 2010, December 2009, and January 2008.

Specifically, the applicant failed to report her December 2010 DUI arrest to her employer and did not disclose any of her three domestic violence arrests on her April 2011 security clearance application. These omissions raised disqualifying conditions related to making deliberate false statements and failing to report incidents. Alcohol-related incidents and habitual consumption leading to impaired judgment were also cited.

While mitigating conditions were applied for alcohol and criminal conduct, the applicant's failure to disclose multiple arrests on her security clearance application was deemed a significant security concern. Her testimony regarding these omissions was found not credible, demonstrating a lack of candor and reliability. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant failed to disclose three domestic violence arrests on her security clearance application, demonstrating a lack of candor and reliability.
The applicant's testimony regarding her omissions was found not credible, raising concerns about her trustworthiness.
Despite mitigating factors for alcohol and criminal conduct, the applicant's intentional lack of honesty was a significant security concern.

Conditions Referenced

Disqualifying

E2.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
J1.araisedA Single Serious Crime or Multiple Lesser Offenses
J1.craisedAllegation or Admission of Criminal Conduct
G2.araisedAlcohol-related Incidents Away From Work
G2.craisedHabitual or Binge Consumption of Alcohol

Mitigating

J2.aappliedTime Elapsed Since Criminal Behavior
J2.dappliedEvidence of Successful Rehabilitation
G2.aappliedTime Passed or Infrequent Behavior Unlikely to Recur

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedFeb 12, 2013
Answer filedApr 7, 2013
Hearing heldOct 30, 2013Originally scheduled for 10/10/2013 but postponed due to government shutdown.
Decision dateJan 9, 2014

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Mitigating Factors for Alcohol Consumption Under Guideline G
Disqualifying Conditions for Criminal Conduct Under Guideline J

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	failed to report her arrest for DUI in December 2010 to her employer	Against Applicant	Failure to Report Required Information	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	failed to list her three domestic violence arrests from 2010, 2009, and 2008 on her 2011 SCA	For Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

failed to report her arrest for DUI in December 2010 to her employer

Against Applicant

Failure to Report Required Information

Criminal Conduct

Denied

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

—

2.b

failed to list her three domestic violence arrests from 2010, 2009, and 2008 on her 2011 SCA

For Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—
3.b	Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.	For Applicant	Binge or Intoxication Pattern	Admitted	(c) habitual or binge consumption to the point of impaired judgment	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

Alcohol-related incidents away from work, such as driving while under the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

3.b

Habitual or binge consumption of alcohol to the point of impaired judgment, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent.

For Applicant

Binge or Intoxication Pattern

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	being arrested for driving under the influence of alcohol (DUI), and other related charges in December 2010	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.b	being charged with misdemeanor aggravated assault and battery in May 2010; being arrested for assault with a deadly weapon and domestic violence in December 2009; and being arrested for battery domestic violence in January 2008	For Applicant	Domestic Violence	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
1.c	making deliberate false statements in her security clearance application (SCA) completed in April 2011 when she failed to disclose her arrests for three domestic violence offenses	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	failing to report her arrest for DUI in December 2010 to her employer	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

being arrested for driving under the influence of alcohol (DUI), and other related charges in December 2010

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.b

being charged with misdemeanor aggravated assault and battery in May 2010; being arrested for assault with a deadly weapon and domestic violence in December 2009; and being arrested for battery domestic violence in January 2008

For Applicant

Domestic Violence

Conduct No Charge

Admitted

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

1.c

making deliberate false statements in her security clearance application (SCA) completed in April 2011 when she failed to disclose her arrests for three domestic violence offenses

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

1.d

failing to report her arrest for DUI in December 2010 to her employer

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

—

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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