ISCR Case 12-02745.h1

Case Headnote

ISCR Case No. 12-02745.h1

deniedJan 28, 2013· Hon. Paul J. Mason· hearing

Summary

A 51-year-old engineer was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of intentional falsification of academic credentials. In August 2001, she falsely claimed to have a Bachelor of Science (BS) in Mathematics and a BS in Electrical Engineering (BSEE) on an employment form for Company A, admitting she did so out of fear of losing the job and to enhance her candidacy. While employed with Company A, she also admitted to violating her employment agreement by accepting work with another company.

The applicant continued this pattern of misrepresentation. In August 2003, on a security clearance application, she listed "BSEE" under "Degree/Diploma/Other" for a university she attended, but provided no award date. Her explanation that this entry did not signify a degree, but rather her course of study, was deemed not credible. In February 2005, she again falsely stated in emails to Company B that she held a BS in Mathematics and a BSEE, admitting this falsification was due to stress over potential job loss.

The denial was based on the applicant's repeated intentional falsification of her academic credentials between 2001 and 2005. The judge found that her continued denial of intentionally providing false information on her security clearance application, despite evidence, and the lack of independent evidence that she disclosed her dishonesty to character references, undermined her eligibility for access to classified information.

Why the Applicant Was Denied

The applicant intentionally falsified her academic credentials on three occasions between 2001 and 2005.
She continued to deny intentionally providing false information on her security clearance application despite evidence to the contrary.
There was no independent evidence that she disclosed her dishonesty to her character references.

Conditions Referenced

Disqualifying

E2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E2.braisedDeliberately Providing False or Misleading Information
E2.draisedCredible Adverse Information

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
— AG ¶ 15

Procedural Posture

SOR issuedMay 11, 2012
Answer filedMay 30, 2012Notarized response.
Hearing heldNov 26, 2012Hearing conducted as scheduled.
Decision dateJan 28, 2013

Cite For

Intentional Falsification of Academic Credentials Under Guideline E
Lack of Credibility in Applicant's Explanations Regarding False Information
Impact of Continued Denial on Security Clearance Eligibility

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 August 2001, Applicant submitted an employment qualifications form to company A shortly before she was hired in September 2001. The form requested information about academic degrees received, the date received, and the name of the institution for verification. The form advised Applicant that the information provided would be verified. The form instructed Applicant to use the same terms that the awarding institution used to describe the degree awarded. Applicant falsely indicated she received a Bachelor of Science (BS) degree in Mathematics (BS) in May 1986 and identified the verifying institution. Applicant falsely indicated she received a BS in Electrical Engineering (BSEE) in December 1996, and identified the verifying institution. She received neither degree. She admitted falsifying the form because she was fearful of losing her anticipated job and economic support for herself and her daughter. She also wanted to look better as a candidate for the position.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Education or Credentials	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.b	As noted under Rulings on Procedure, on November 6, 2002, Applicant was suspended for 30 days from company A. Applicant admitted the suspension, but indicated she was not told why she was suspended. She was given no opportunity to answer the allegations. She was informed in the suspension letter that after her suspension expired, she would be reassigned anywhere at a new compensation level. SOR 1.b is resolved in Applicant’s favor because her employer’s reason for the suspension is vague and the employer did not identify the specific paragraph of the employment agreement that was supposedly violated.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.c	On November 19, 2002, Applicant was advised by letter that she violated company A’s employment agreement by accepting employment with another company while still employed with company A. She admitted the violation.	For Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
1.d	On August 22, 2003, Applicant executed a security clearance application. Under Section 5, Where You Went to School, Applicant answered “yes,” that she had attended school beyond high school. She entered the dates September 5, 1992 to December 7, 1996. She indicated the university she attended and the location. Underneath the words “Degree/Diploma/Other,” Applicant entered the letters “BSEE.” Next to the words “Award Date,” Applicant entered no date information. Applicant did not consider her entry of the letters “BSEE” on the form to mean that she had a degree. Rather, she interpreted “Degree/Diploma/Other” as asking what she studied or her course of study at the university, ascribing a different meaning to “BSEE” than she had applied in August 2001 when she falsely claimed she had a “BSEE” degree. Her explanation for applying a different meaning to the “BSEE” designation on her August 2003 security clearance questionnaire is not credible.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Education or Credentials	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.e	In February 2005, Applicant falsely stated during email exchanges with company B that she had a BS degree in mathematics from a university and BSEE from another university. Specifically, responding to an email from company B’s program manager dated February 25, 2005, requesting academic credentials in advance of a resume she was still preparing for submission, Applicant sent an email on February 28, 2005, with the following information: “BS, Major: Mathematics, Minor: Computer Science and Statistics,” and the university she falsely claimed she received the BS. Underneath the BS degree information, she entered in italics “BSEE University of [name of university].” She admitted she falsified the February 28, 2005 email because she was under the stress of potentially losing her job.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Education or Credentials	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.f	During an interview with a DOD investigator on September 5, 2006, it is alleged in SOR 1.f. that Applicant deliberately provided false information by stating she did not remember claiming to have a degree on a security clearance questionnaire, when she knew she had deliberately falsified her 2003 security questionnaire about her degree. The September 2006 interview summary reflects that Applicant stated that she did not remember claiming she had a degree on a previous security questionnaire. Though Applicant provided vacillating responses to whether she recalled claiming a degree on the 2003 questionnaire, the discussion in the paragraph shifts to her responses to her supervisor at company B about not having a degree and why she was unable to obtain academic degrees. Having weighed and balanced all the evidence concerning SOR 1.f, there is insufficient evidence to find that Applicant deliberately provided false information in the interview about not remembering she had falsely claimed a degree in her August 2003 security clearance application.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In August 2001, Applicant submitted an employment qualifications form to company A shortly before she was hired in September 2001. The form requested information about academic degrees received, the date received, and the name of the institution for verification. The form advised Applicant that the information provided would be verified. The form instructed Applicant to use the same terms that the awarding institution used to describe the degree awarded. Applicant falsely indicated she received a Bachelor of Science (BS) degree in Mathematics (BS) in May 1986 and identified the verifying institution. Applicant falsely indicated she received a BS in Electrical Engineering (BSEE) in December 1996, and identified the verifying institution. She received neither degree. She admitted falsifying the form because she was fearful of losing her anticipated job and economic support for herself and her daughter. She also wanted to look better as a candidate for the position.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Education or Credentials

Admitted

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

—

1.b

As noted under Rulings on Procedure, on November 6, 2002, Applicant was suspended for 30 days from company A. Applicant admitted the suspension, but indicated she was not told why she was suspended. She was given no opportunity to answer the allegations. She was informed in the suspension letter that after her suspension expired, she would be reassigned anywhere at a new compensation level. SOR 1.b is resolved in Applicant’s favor because her employer’s reason for the suspension is vague and the employer did not identify the specific paragraph of the employment agreement that was supposedly violated.

For Applicant

Rules Violation at Workplace

—

Admitted

—

1.c

On November 19, 2002, Applicant was advised by letter that she violated company A’s employment agreement by accepting employment with another company while still employed with company A. She admitted the violation.

For Applicant

Rules Violation at Workplace

—

Admitted

—

1.d

On August 22, 2003, Applicant executed a security clearance application. Under Section 5, Where You Went to School, Applicant answered “yes,” that she had attended school beyond high school. She entered the dates September 5, 1992 to December 7, 1996. She indicated the university she attended and the location. Underneath the words “Degree/Diploma/Other,” Applicant entered the letters “BSEE.” Next to the words “Award Date,” Applicant entered no date information. Applicant did not consider her entry of the letters “BSEE” on the form to mean that she had a degree. Rather, she interpreted “Degree/Diploma/Other” as asking what she studied or her course of study at the university, ascribing a different meaning to “BSEE” than she had applied in August 2001 when she falsely claimed she had a “BSEE” degree. Her explanation for applying a different meaning to the “BSEE” designation on her August 2003 security clearance questionnaire is not credible.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Education or Credentials

Denied

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

—

1.e

In February 2005, Applicant falsely stated during email exchanges with company B that she had a BS degree in mathematics from a university and BSEE from another university. Specifically, responding to an email from company B’s program manager dated February 25, 2005, requesting academic credentials in advance of a resume she was still preparing for submission, Applicant sent an email on February 28, 2005, with the following information: “BS, Major: Mathematics, Minor: Computer Science and Statistics,” and the university she falsely claimed she received the BS. Underneath the BS degree information, she entered in italics “BSEE University of [name of university].” She admitted she falsified the February 28, 2005 email because she was under the stress of potentially losing her job.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Education or Credentials

Admitted

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

—

1.f

During an interview with a DOD investigator on September 5, 2006, it is alleged in SOR 1.f. that Applicant deliberately provided false information by stating she did not remember claiming to have a degree on a security clearance questionnaire, when she knew she had deliberately falsified her 2003 security questionnaire about her degree. The September 2006 interview summary reflects that Applicant stated that she did not remember claiming she had a degree on a previous security questionnaire. Though Applicant provided vacillating responses to whether she recalled claiming a degree on the 2003 questionnaire, the discussion in the paragraph shifts to her responses to her supervisor at company B about not having a degree and why she was unable to obtain academic degrees. Having weighed and balanced all the evidence concerning SOR 1.f, there is insufficient evidence to find that Applicant deliberately provided false information in the interview about not remembering she had falsely claimed a degree in her August 2003 security clearance application.

For Applicant

Lack of Candor in Interview

—

Denied

—

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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