ISCR Case 14-04199.h1

Case Headnote

ISCR Case No. 14-04199.h1

grantedSep 3, 2015· Hon. Martin H. Mogul· hearing

Summary

A 60-year-old defense contractor sought a security clearance, which was granted despite concerns under Guideline E (Personal Conduct) related to past criminal conduct and alleged falsification on her security clearance application. The Statement of Reasons detailed a 2003 arrest for felony assault and burglary, which resulted in a no-contest plea to battery, a one-day jail sentence, a fine, anger management, and three years of probation.

Further allegations included a December 2003 DUI conviction, leading to two days in jail, a fine, and participation in alcohol education programs, along with five years of probation. In January 2008, the applicant was arrested for DUI causing injury, pleading no contest and receiving a 30-day jail sentence, a fine, and court-ordered alcohol education for multiple offenders, plus five years of probation. The Statement of Reasons also alleged that the applicant falsified her 2013 Security Clearance Application by denying felony charges, failing to disclose the 2008 DUI, and not reporting court-ordered alcohol treatment.

The judge ultimately granted the clearance, finding that the applicant provided credible testimony explaining her past conduct and lack of intent to mislead. The decision noted no evidence of criminal conduct since 2007, a significant reduction in alcohol consumption, and positive character testimony supporting her rehabilitation and trustworthiness.

Why the Applicant Prevailed

The applicant provided credible testimony explaining her past conduct and lack of intent to mislead the government.
There was no evidence of criminal conduct since 2007, and the applicant has significantly reduced her alcohol consumption.
Positive character testimony and documentation supported the applicant's rehabilitation and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe judge found that the applicant did not knowingly provide false information.
AG ¶ 16(c)rejectedA Whole-person Assessment of Questionable Judgement, Untrustworthiness, Unreliability, Lack of Candor, Unwillingness to Comply with Rules and RegulationsThe judge concluded that the applicant's current behavior did not support this condition.

Mitigating

AG ¶ 17(a)appliedThe Behavior Was Not Recent and the Applicant Has Demonstrated Rehabilitation
AG ¶ 17(c)appliedThe Applicant Has Taken Positive Steps to Reduce the Risk of Future Misconduct

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 2, 2014
Answer filedDec 20, 2014Applicant requested a hearing.
Hearing heldMar 26, 2015Hearing conducted as scheduled.
Decision dateSep 3, 2015

Cite For

Mitigation of Past Criminal Conduct Under Guideline E
Credibility of Applicant's Testimony Regarding Past Behavior
Whole-person Assessment in Security 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	It is alleged in the SOR that in April 2003, Applicant was arrested and charged with (1) Assault with a Deadly Weapon Other Than a Firearm; and (2) Burglary, both felonies. It is also alleged that Applicant plead no contest to the lesser offense of Battery, and she was sentenced to one day in jail, ordered to pay a fine of $825, ordered to complete Anger Management Classes and sentenced to serve three years of probation. Applicant admitted this allegation in her RSOR.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.b	It is alleged in the SOR that in December 2003, Applicant was arrested and charged with (1) Driving Under the Influence of Alcohol (DUI), and (2) Driving With a Measurable Blood Alcohol Content Level of 0.08% or more. It is also alleged that Applicant plead guilty to Count (2) and was sentenced to serve two days in jail; to pay a fine of $1,856; to attend an alcohol education program and a First Offender DUI program; and she was sentenced to serve five years probation. Applicant admitted this allegation in her RSOR, but she wrote that the arrest occurred in September 2003.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.c	It is alleged in the SOR that in January 2008, Applicant was arrested and charged with (1) Driving Under the Influence of Alcohol (DUI) With a Measurable Blood Alcohol Content Level of over 0.08%, and (2) DUI Causing Injury. It is also alleged that Applicant plead no contest to Count (2) and was sentenced to serve 30 days in jail; to pay a fine of $1,615; to attend an alcohol education program for multiple DUI Offenders; and she was sentenced to serve five years probation. Applicant admitted this allegation in her RSOR, but she wrote that the arrest occurred in September 2007.	For Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.d	It is alleged in the SOR that Applicant executed a Security Clearance Application (SCA) on February 21, 2013. The SOR further alleges that Applicant falsified material facts in response to the questions under “Section 22 - Police Record” by falsely denying that she had ever been charged with a felony offense, when in fact she was arrested and charged with two felony offenses, as set forth in subparagraph 1.a., above. Applicant denied this allegation in her RSOR.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Explanation of Omission Credible
1.e	The SOR alleges that Applicant falsified material facts in response to the questions under “Section 22 - Police Record,” of the 2013 SCA by falsely alleging that she had never been issued a summons, arrested, charged, convicted or sentenced for any offense or specifically with any drug or alcohol related offense, when in fact she failed to disclose the information listed on the SOR as 1.c., above. Applicant denied this allegation in her RSOR.	For Applicant	Falsification Security FormNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Explanation of Omission Credible
1.f	The SOR alleges that Applicant falsified material facts in response to the questions under “Section 24 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that she had never received counseling or treatment as a result of her use of alcohol, when in fact she failed to disclose her court-ordered alcohol treatment as part of her sentence for her 2007 DUI, as set forth in subparagraph 1.c., above. Applicant denied this allegation in her RSOR.	For Applicant	Falsification Security FormNOT DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

It is alleged in the SOR that in April 2003, Applicant was arrested and charged with (1) Assault with a Deadly Weapon Other Than a Firearm; and (2) Burglary, both felonies. It is also alleged that Applicant plead no contest to the lesser offense of Battery, and she was sentenced to one day in jail, ordered to pay a fine of $825, ordered to complete Anger Management Classes and sentenced to serve three years of probation. Applicant admitted this allegation in her RSOR.

For Applicant

Questionable Judgment General

—

Admitted

—

1.b

It is alleged in the SOR that in December 2003, Applicant was arrested and charged with (1) Driving Under the Influence of Alcohol (DUI), and (2) Driving With a Measurable Blood Alcohol Content Level of 0.08% or more. It is also alleged that Applicant plead guilty to Count (2) and was sentenced to serve two days in jail; to pay a fine of $1,856; to attend an alcohol education program and a First Offender DUI program; and she was sentenced to serve five years probation. Applicant admitted this allegation in her RSOR, but she wrote that the arrest occurred in September 2003.

For Applicant

Questionable Judgment General

—

Admitted

—

1.c

It is alleged in the SOR that in January 2008, Applicant was arrested and charged with (1) Driving Under the Influence of Alcohol (DUI) With a Measurable Blood Alcohol Content Level of over 0.08%, and (2) DUI Causing Injury. It is also alleged that Applicant plead no contest to Count (2) and was sentenced to serve 30 days in jail; to pay a fine of $1,615; to attend an alcohol education program for multiple DUI Offenders; and she was sentenced to serve five years probation. Applicant admitted this allegation in her RSOR, but she wrote that the arrest occurred in September 2007.

For Applicant

Questionable Judgment General

—

Admitted

—

1.d

It is alleged in the SOR that Applicant executed a Security Clearance Application (SCA) on February 21, 2013. The SOR further alleges that Applicant falsified material facts in response to the questions under “Section 22 - Police Record” by falsely denying that she had ever been charged with a felony offense, when in fact she was arrested and charged with two felony offenses, as set forth in subparagraph 1.a., above. Applicant denied this allegation in her RSOR.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

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

—

Claimed

Explanation of Omission Credible

1.e

The SOR alleges that Applicant falsified material facts in response to the questions under “Section 22 - Police Record,” of the 2013 SCA by falsely alleging that she had never been issued a summons, arrested, charged, convicted or sentenced for any offense or specifically with any drug or alcohol related offense, when in fact she failed to disclose the information listed on the SOR as 1.c., above. Applicant denied this allegation in her RSOR.

For Applicant

Falsification Security FormNOT DELIBERATE

Criminal Conduct

Denied

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

—

Claimed

Explanation of Omission Credible

1.f

The SOR alleges that Applicant falsified material facts in response to the questions under “Section 24 - Illegal Use of Drugs,” of the 2013 SCA by falsely alleging that she had never received counseling or treatment as a result of her use of alcohol, when in fact she failed to disclose her court-ordered alcohol treatment as part of her sentence for her 2007 DUI, as set forth in subparagraph 1.c., above. Applicant denied this allegation in her RSOR.

For Applicant

Falsification Security FormNOT DELIBERATE

—

Denied

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

—

Claimed

Explanation of Omission Credible

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Case Profile

Summary

Why the Applicant Prevailed

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