ISCR Case 13-01145.h1

Case Headnote

ISCR Case No. 13-01145.h1

deniedAug 18, 2014· Hon. Thomas M. Crean· hearing

Summary

A 34-year-old logistician with military service was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of misconduct, including multiple arrests, employment terminations, and deliberate omissions on security clearance applications. The applicant admitted to several allegations, but his explanations were deemed insufficient to mitigate concerns regarding his reliability and trustworthiness.

Specific incidents included two military police arrests in 2003 for domestic assault and driving while intoxicated, neither of which were disclosed on his November 2009 security clearance application. He was also investigated by military police in 2004 for a verbal altercation and threatening harm. The applicant experienced several employment terminations: in February 2006 for a disagreement in Iraq, in March 2009 for unprofessional conduct, and in April 2012 for attitude problems and threats to staff. He failed to disclose the March 2009 and April 2012 terminations on his second security clearance application and misrepresented the circumstances of the latter to an investigator in February 2013. Additionally, he received a general discharge under honorable conditions from the Army Reserve and was involved in a verbal confrontation with a former program manager in June 2012.

The denial was based on the applicant's admitted misconduct, a demonstrated pattern of questionable judgment and untrustworthiness, and his repeated failure to disclose critical information on security clearance applications, which collectively raised significant security concerns.

Why the Applicant Was Denied

Applicant admitted to multiple allegations of misconduct under Guideline E.
The judge found a pattern of questionable judgment and untrustworthiness based on the applicant's history of arrests and employment terminations.
The applicant's failure to disclose relevant information on security clearance applications raised significant security concerns.

Conditions Referenced

Disqualifying

AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 16(b)raisedDeliberately Providing False and Misleading Information
AG ¶ 16(c)appliedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)appliedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline

Key Rule Quoted

“The security clearance system depends on the individual providing correct and accurate information.”

Procedural Posture

SOR issuedApr 2, 2014
Answer filedApr 14, 2014
Hearing heldJun 12, 2014
Decision dateAug 18, 2014

Cite For

Pattern of Misconduct Under Guideline E
Failure to Disclose Relevant Information on Security Clearance Applications
Impact of Personal Conduct 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	Applicant was arrested by military police and charged with domestic assault on a female in February 2003.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.b	Applicant deliberately failed to disclose this arrest on his November 2009 security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.c	Applicant was arrested by military police for driving while intoxicated and other traffic offenses in August 2003.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	Applicant deliberately failed to disclose this information on his security clearance application, dated November 13, 2009.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	Applicant was investigated by military police for involvement in a verbal altercation and threatening physical harm in March 2004.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	Applicant was terminated by an employer in February 2006 for involvement in a disagreement in Iraq.	Against Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.g	Applicant was terminated by another employer in March 2009 for unprofessional conduct and failure to follow management direction.	Against Applicant	Rules Violation at Workplace	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.h	Applicant deliberately failed to disclose his March 2009 termination on his second application for a security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.i	Applicant received a general discharge under honorable conditions from the Army Reserve.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.j	In April 2012, Applicant was terminated by his employer for attitude problems and threats to the staff.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
1.k	Applicant deliberately failed to disclose this termination on his second security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.l	Applicant deliberately failed to disclose the true circumstances of his termination to a security investigator on February 14, 2013.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Employment History	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.m	Following his termination by another employer in June 2012, he was involved in a verbal confrontation with his former program manager.	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant was arrested by military police and charged with domestic assault on a female in February 2003.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

1.b

Applicant deliberately failed to disclose this arrest on his November 2009 security clearance application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

1.c

Applicant was arrested by military police for driving while intoxicated and other traffic offenses in August 2003.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

1.d

Applicant deliberately failed to disclose this information on his security clearance application, dated November 13, 2009.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

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

—

1.e

Applicant was investigated by military police for involvement in a verbal altercation and threatening physical harm in March 2004.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

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

—

1.f

Applicant was terminated by an employer in February 2006 for involvement in a disagreement in Iraq.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

1.g

Applicant was terminated by another employer in March 2009 for unprofessional conduct and failure to follow management direction.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

1.h

Applicant deliberately failed to disclose his March 2009 termination on his second application for a security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

—

1.i

Applicant received a general discharge under honorable conditions from the Army Reserve.

Against Applicant

Questionable Judgment General

—

Admitted

—

1.j

In April 2012, Applicant was terminated by his employer for attitude problems and threats to the staff.

For Applicant

Rules Violation at Workplace

—

Denied

—

1.k

Applicant deliberately failed to disclose this termination on his second security clearance application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

—

1.l

Applicant deliberately failed to disclose the true circumstances of his termination to a security investigator on February 14, 2013.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Employment History

Denied

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

—

1.m

Following his termination by another employer in June 2012, he was involved in a verbal confrontation with his former program manager.

Against Applicant

Rules Violation at Workplace

—

Admitted

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES