ISCR Case 14-02083.h1

Case Headnote

ISCR Case No. 14-02083.h1

deniedDec 17, 2014· Hon. Carol G. Ricciardello· hearing

Summary

A 59-year-old former military member was denied a security clearance under Guideline E (Personal Conduct) due to a history of alcohol-related offenses and repeated dishonesty during a military investigation. The applicant faced allegations of intentionally lying to a military investigator multiple times, denying the unauthorized disclosure of a military capabilities document to a private company representative, and denying meetings and travel related to this disclosure. He was also accused of soliciting a private company representative to provide false information to the investigator and conspiring to create a false cover story.

Further concerns included the applicant's long history of alcohol-related offenses, with six arrests for DUI or DWI between 1978 and 2008, resulting in four convictions or nolo contendere pleas. He also had numerous traffic violations from 1978 to 2003. Although he acknowledged making mistakes and should have told the truth, and has had no alcohol-related offenses since 2008, he continues to consume alcohol and did not fully disclose past incidents during court-ordered counseling.

The denial was based on the applicant's extensive history of alcohol-related incidents, his repeated lies to a military investigator concerning the unauthorized disclosure of a military document, and his attempt to conspire with others to provide false information. The judge found that the applicant failed to mitigate these significant concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant has a long history of alcohol-related offenses, including six serious incidents from 1978 to 2008.
Applicant repeatedly lied to a military investigator regarding unauthorized disclosure of a military document.
Applicant attempted to conspire with others to provide false information to the military investigator.

Conditions Referenced

Disqualifying

AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 16(d)raisedCredible Adverse Information
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct OmissionsApplicant did not promptly correct his falsifications.
AG ¶ 17(d)rejectedAcknowledgment of Behavior and CounselingInsufficient evidence to conclude behavior is unlikely to recur.

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.”

Procedural Posture

SOR issuedJul 30, 2014
Answer filedAug 20, 2014
Hearing heldNov 19, 2014
Decision dateDec 17, 2014

Cite For

Disqualifying Conditions Under Guideline E for Personal Conduct
Impact of Dishonesty During Security Clearance Investigations
History of Alcohol-related Offenses as a Security Concern

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 intentionally lied to a military investigator by denying he had given a military capabilities document to a representative of a private company.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant solicited a representative of a private company to provide the military investigator with false information regarding the unauthorized release of a military document.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant knowingly disclosed a military document for a weapon to a private company without authorization.	Against Applicant	Violation of Written CommitmentFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.d	Applicant lied to the military investigator when he denied he met with the representative of the private company after being interviewed.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.e	Applicant failed to disclose his trip to the private company’s offices where he met with a representative.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.f	Applicant lied to the military investigator when he denied traveling to visit the representative and conspiring to create a false cover story.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.g	Applicant continued to lie to the military investigator when he denied giving the private company’s representative the document.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.h	Applicant has a long history of alcohol-related offenses, including being arrested six times from 1978 through 2008 for DUI or DWI.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.i	Applicant was convicted or pled nolo contendere on four occasions for DUI or DWI.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.j	Applicant has numerous traffic violations and infractions from 1978 to 2003.	Against Applicant	Rules Violation at Workplace	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.k	Applicant acknowledged he made a mistake and should have told the truth during the investigation.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.l	Applicant has not had any alcohol-related offenses since 2008, but continues to consume alcohol.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.m	Applicant attended court-ordered alcohol counseling but did not disclose all past incidents to the counselor.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.n	Applicant's behavior in repeatedly lying to a military investigator and conspiring with others to lie constitutes grave misconduct.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.o	Applicant's conduct raises serious questions and doubts about his eligibility and suitability for a security clearance.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.p	Applicant did not promptly correct his falsifications and has not taken positive steps to reduce vulnerability to exploitation.	Against Applicant	Failure to Cooperate with Security Processing	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—
1.q	Applicant's character letters were provided by individuals who were not fully aware of his misconduct.	Against Applicant	Questionable Judgment General	—	Admitted	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant intentionally lied to a military investigator by denying he had given a military capabilities document to a representative of a private company.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

—

1.b

Applicant solicited a representative of a private company to provide the military investigator with false information regarding the unauthorized release of a military document.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Admitted

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

—

1.c

Applicant knowingly disclosed a military document for a weapon to a private company without authorization.

Against Applicant

Violation of Written CommitmentFOUND DELIBERATE

—

Admitted

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

—

1.d

Applicant lied to the military investigator when he denied he met with the representative of the private company after being interviewed.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

—

1.e

Applicant failed to disclose his trip to the private company’s offices where he met with a representative.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

—

1.f

Applicant lied to the military investigator when he denied traveling to visit the representative and conspiring to create a false cover story.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

—

1.g

Applicant continued to lie to the military investigator when he denied giving the private company’s representative the document.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

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

—

1.h

Applicant has a long history of alcohol-related offenses, including being arrested six times from 1978 through 2008 for DUI or DWI.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.i

Applicant was convicted or pled nolo contendere on four occasions for DUI or DWI.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.j

Applicant has numerous traffic violations and infractions from 1978 to 2003.

Against Applicant

Rules Violation at Workplace

—

Admitted

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

—

1.k

Applicant acknowledged he made a mistake and should have told the truth during the investigation.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.l

Applicant has not had any alcohol-related offenses since 2008, but continues to consume alcohol.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.m

Applicant attended court-ordered alcohol counseling but did not disclose all past incidents to the counselor.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.n

Applicant's behavior in repeatedly lying to a military investigator and conspiring with others to lie constitutes grave misconduct.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

—

Admitted

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

—

1.o

Applicant's conduct raises serious questions and doubts about his eligibility and suitability for a security clearance.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

1.p

Applicant did not promptly correct his falsifications and has not taken positive steps to reduce vulnerability to exploitation.

Against Applicant

Failure to Cooperate with Security Processing

—

Admitted

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

—

1.q

Applicant's character letters were provided by individuals who were not fully aware of his misconduct.

Against Applicant

Questionable Judgment General

—

Admitted

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

—

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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