ISCR Case 14-00606.h1

Case Headnote

ISCR Case No. 14-00606.h1

deniedSep 30, 2014· Hon. Robert Robinson Gales· hearing

Summary

A 30-year-old defense contractor employee was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from multiple allegations, including an incident on August 31, 2013, in Afghanistan, where the applicant allegedly exposed his genitals to two cleaning maids on three separate occasions.

Further concerns involved the applicant's personal conduct and criminal history. On August 16, 2013, when completing his SF 86, the applicant deliberately answered "no" to questions about his police record, failing to disclose arrests from November 2006, February 2007, December 2007, and February 2013. These undisclosed incidents included a February 2013 arrest for domestic violence battery (later dismissed), a December 2007 traffic stop (charge dismissed), a November 2006 bar fight overseas, and a November 2006 arrest for simple assault and drunk and disorderly conduct.

Additionally, the applicant's alcohol consumption led to police-related incidents, including an October 1, 2013 arrest for driving under the influence (DUI). While some mitigating conditions were considered, the applicant failed to adequately address the personal conduct issues, particularly the deliberate omissions on his SF 86, and did not sufficiently rebut the sexual misconduct allegations. These factors collectively led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant failed to mitigate personal conduct security concerns, including deliberate omissions on his SF 86 regarding prior arrests.
The applicant's history of alcohol-related incidents and criminal conduct raised significant trustworthiness issues.
The applicant's alleged sexual misconduct was not sufficiently rebutted, leading to doubts about his reliability and judgment.

Conditions Referenced

Disqualifying

AG ¶ 16raisedCriminal Conduct
AG ¶ 15raisedSexual Behavior
AG ¶ 28raisedAlcohol Consumption
AG ¶ 14raisedPersonal Conduct

Mitigating

AG ¶ 17appliedCriminal Conduct
AG ¶ 18appliedSexual Behavior
AG ¶ 22appliedAlcohol Consumption

Key Rule Quoted

“Eligibility for a security clearance and access to classified information is denied.”

Procedural Posture

SOR issuedMar 11, 2014
Answer filedJun 12, 2014Sworn statement responding to SOR allegations.
Hearing heldAug 12, 2014Hearing convened as scheduled.
Decision dateSep 30, 2014

Cite For

Failure to Mitigate Personal Conduct Concerns Under Guideline E
Impact of Deliberate Omissions on Security Clearance Eligibility
Consideration of Criminal Conduct and Alcohol-related Incidents in Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	On August 31, 2013, while in Afghanistan, Applicant exposed his genitals on three separate occasions to two different Ethiopian cleaning maids.	For Applicant	Unspecified Sexual Behavior	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

On August 31, 2013, while in Afghanistan, Applicant exposed his genitals on three separate occasions to two different Ethiopian cleaning maids.

For Applicant

Unspecified Sexual Behavior

Denied

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	On August 16, 2013, when Applicant completed his SF 86, he responded to certain questions pertaining to his police record. The questions in Section 22 – Police Record asked if, in the past seven years, he had: been issued a summons, citation, or ticket to appear in court in a criminal proceeding against him (not including citations involving traffic infractions where the fine was less than $300 and did not involve alcohol or drugs); been arrested by any police officer, sheriff, marshal or any other type of law enforcement official; and been charged, convicted, or sentenced of a crime in any court (including in any Federal, state, local, military, or non-U.S. court). Also, regarding offenses other than those already listed, Applicant was asked if he had EVER been convicted of an offense involving domestic violence or a crime of violence such as battery or assault against his child, dependent, cohabitant, spouse, former spouse, or someone with whom he shares a child in common; or been charged with an offense involving alcohol or drugs. (emphasis in the original)	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
4.b	Applicant answered “no” to all of those questions. He certified that the responses were “true, complete, and correct” to the best of his knowledge and belief, but the responses to most of those questions were, in fact false. He failed to disclose his arrests of November 2006, February 2007, December 2007, and February 2013.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
4.c	Applicant admitted in his Answer to the SOR that his omissions were deliberate.	For Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

On August 16, 2013, when Applicant completed his SF 86, he responded to certain questions pertaining to his police record. The questions in Section 22 – Police Record asked if, in the past seven years, he had: been issued a summons, citation, or ticket to appear in court in a criminal proceeding against him (not including citations involving traffic infractions where the fine was less than $300 and did not involve alcohol or drugs); been arrested by any police officer, sheriff, marshal or any other type of law enforcement official; and been charged, convicted, or sentenced of a crime in any court (including in any Federal, state, local, military, or non-U.S. court). Also, regarding offenses other than those already listed, Applicant was asked if he had EVER been convicted of an offense involving domestic violence or a crime of violence such as battery or assault against his child, dependent, cohabitant, spouse, former spouse, or someone with whom he shares a child in common; or been charged with an offense involving alcohol or drugs. (emphasis in the original)

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

4.b

Applicant answered “no” to all of those questions. He certified that the responses were “true, complete, and correct” to the best of his knowledge and belief, but the responses to most of those questions were, in fact false. He failed to disclose his arrests of November 2006, February 2007, December 2007, and February 2013.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

4.c

Applicant admitted in his Answer to the SOR that his omissions were deliberate.

For Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
3.a	On October 1, 2013, Applicant was arrested and charged with driving under the influence (DUI).	Against Applicant	DUI or DWI Alcohol	Admitted	—	—	—
3.b	Applicant's alcohol consumption has resulted in a number of police-related incidents.	Against Applicant	Public Intoxication	Admitted	—	—	—
3.c	specific text not stated in this decision	Unknown	Unspecified Alcohol Incident	Unknown	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

3.a

On October 1, 2013, Applicant was arrested and charged with driving under the influence (DUI).

Against Applicant

DUI or DWI Alcohol

Admitted

—

3.b

Applicant's alcohol consumption has resulted in a number of police-related incidents.

Against Applicant

Public Intoxication

Admitted

—

3.c

specific text not stated in this decision

Unknown

Unspecified Alcohol Incident

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—
2.b	On February 4, 2013, Applicant was arrested and charged with battery – touch or strike – domestic violence. The charge was dismissed without Applicant ever having to go to court.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	—	—
2.c	On December 8, 2007, Applicant was driving from a club with friends when he was pulled over for unspecified reasons. The charge was dismissed and Applicant never had to go to court.	For Applicant	Weapons Offense	Dismissed or Nolle Prossed	Admitted	—	—	—
2.d	On November 9, 2006, while overseas, Applicant was involved in a bar fight. There is no police or incident report to describe the events leading up to the arrest, or any discipline received as a result of the incident.	For Applicant	Unspecified Criminal Conduct	—	Admitted	—	—	—
2.e	On November 25, 2006, Applicant was arrested and charged with simple assault and drunk and disorderly conduct. There is no counseling record in evidence. He completed the counseling. There was no diagnosis reported.	For Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

2.b

On February 4, 2013, Applicant was arrested and charged with battery – touch or strike – domestic violence. The charge was dismissed without Applicant ever having to go to court.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

2.c

On December 8, 2007, Applicant was driving from a club with friends when he was pulled over for unspecified reasons. The charge was dismissed and Applicant never had to go to court.

For Applicant

Weapons Offense

Dismissed or Nolle Prossed

Admitted

—

2.d

On November 9, 2006, while overseas, Applicant was involved in a bar fight. There is no police or incident report to describe the events leading up to the arrest, or any discipline received as a result of the incident.

For Applicant

Unspecified Criminal Conduct

—

Admitted

—

2.e

On November 25, 2006, Applicant was arrested and charged with simple assault and drunk and disorderly conduct. There is no counseling record in evidence. He completed the counseling. There was no diagnosis reported.

For Applicant

Assault or Battery

Conduct No Charge

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 CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES