ISCR Case 12-10358.h1

Case Headnote

ISCR Case No. 12-10358.h1

deniedJan 14, 2014· Hon. Matthew E. Malone· hearing

Summary

A 26-year-old aviation maintenance technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from significant delinquent debt and a pattern of deliberate misrepresentation regarding his criminal history and financial obligations.

Specifically, the applicant owed $18,802 across 20 delinquent or past-due debts, with no attempts made to resolve them. Additionally, he was arrested and charged with marijuana possession in October 2009, pleading guilty and paying a $1,000 fine. In November 2011, he was arrested and charged with domestic battery.

During the clearance process, the applicant deliberately falsified details of his drug-related arrest in a July 2012 interview and made multiple false statements on his e-QIP. He answered "No" to questions about illegal drug use and drug-related activities in the last seven years, and omitted his domestic battery arrest. The judge found his testimony lacked credibility, particularly concerning his drug possession arrest and financial situation, leading to the denial.

Why the Applicant Was Denied

The applicant accrued significant delinquent debt totaling $18,802 without any attempts to resolve it.
The applicant deliberately misrepresented details of his criminal history in his e-QIP and during interviews.
The applicant's testimony lacked credibility, particularly regarding his drug possession arrest and financial situation.

Conditions Referenced

Disqualifying

AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
AG ¶ 15(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 15(b)appliedDeliberately Providing False or Misleading Information
AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct

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 issuedMay 17, 2013
Answer filed—Applicant responded timely and requested a hearing.
Hearing heldNov 19, 2013Hearing conducted with applicant testifying pro se.
Decision dateJan 14, 2014

Cite For

Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
Pattern of Dishonesty in Security Clearance Applications Under Guideline E
Impact of Criminal Conduct on Security Clearance Eligibility 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	During a July 31, 2012 interview with a Government investigator, Applicant deliberately falsified details of the drug-related arrest described in SOR 1.a.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	By answering “No” to e-QIP question 23 regarding illegal use of drugs in the last seven years, he deliberately made a false statement to the Government.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	By answering “No” to e-QIP question 23 regarding illegal purchase, sale, possession, or trafficking of drugs in the last seven years, he deliberately made a false statement to the Government.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	By answering “No” to question 22.a regarding arrests in the last seven years, he deliberately made a false official statement to the Government because he omitted the domestic battery arrest described in SOR 1.b.	Against Applicant	Falsification Security FormFOUND 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

2.a

During a July 31, 2012 interview with a Government investigator, Applicant deliberately falsified details of the drug-related arrest described in SOR 1.a.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

—

2.b

By answering “No” to e-QIP question 23 regarding illegal use of drugs in the last seven years, he deliberately made a false statement to the Government.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

2.c

By answering “No” to e-QIP question 23 regarding illegal purchase, sale, possession, or trafficking of drugs in the last seven years, he deliberately made a false statement to the Government.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

—

2.d

By answering “No” to question 22.a regarding arrests in the last seven years, he deliberately made a false official statement to the Government because he omitted the domestic battery arrest described in SOR 1.b.

Against Applicant

Falsification Security FormFOUND 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	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant owed $18,802 for 20 delinquent or past-due debts $18,802	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
3.b–3.t	19 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant owed $18,802 for 20 delinquent or past-due debts

$18,802

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

3.b–3.t

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On October 14, 2009, Applicant was arrested and charged with possession of marijuana, to which he pleaded guilty and was fined $1,000.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
1.b	On November 19, 2011, Applicant was arrested and charged with domestic battery.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	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

1.a

On October 14, 2009, Applicant was arrested and charged with possession of marijuana, to which he pleaded guilty and was fined $1,000.

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(c) currently on parole or probation

—

1.b

On November 19, 2011, Applicant was arrested and charged with domestic battery.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

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