ISCR Case 01-01642.h1

Case Headnote

ISCR Case No. 01-01642.h1

deniedDec 28, 2001· Hon. Richard A. Cefola· hearing

Summary

A 38-year-old Facility Security Officer for a defense contractor was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had a history of criminal conduct, including a June 1993 guilty plea for 3rd Degree Assault and an April 1999 guilty plea for Disorderly Conduct. Additionally, he faced charges in March 2000 for 3rd Degree Assault and Harassment, which were later dismissed, and a November 1999 charge for Driving Under the Influence of Alcohol.

Further issues arose from the applicant's failure to disclose relevant information. He knowingly and willfully omitted the June 1993 Assault charge on his December 1998 security questionnaire. In a February 2000 interview with a Defense Security Service Agent, he also knowingly and willfully failed to disclose an extramarital affair. These omissions were considered falsification of information, impacting his credibility.

Regarding financial considerations, the applicant had paid off a $64.00 debt to one creditor but still owed approximately $5,353.00 in past-due indebtedness to another. While some effort was made to address financial obligations, these actions did not sufficiently mitigate the concerns raised by his criminal history and personal conduct, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had multiple criminal convictions, including Assault and Disorderly Conduct, which raised concerns under Guideline J.
The applicant willfully falsified information on his security clearance application, violating 18 U.S.C. Section 1001, which impacted his credibility under Guideline E.
The applicant's financial issues, while partially addressed, did not mitigate the concerns raised by his criminal and personal conduct.

Conditions Referenced

Disqualifying

E2.A2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
J1raisedAllegations or Admission of Criminal Conduct
J2raisedA Single Serious Crime or Multiple Lesser Offenses
F1raisedA History of Not Meeting Financial Obligations
F3raisedInability or Unwillingness to Satisfy Debts

Mitigating

F6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts

Key Rule Quoted

“Unacceptable personal conduct is conduct involving questionable judgment, untrustworthiness, unreliability, or unwillingness to comply with rules and regulations; and criminal conduct also creates doubt about a person's judgment, reliability and trustworthiness.”

Procedural Posture

SOR issuedAug 17, 2001
Answer filedSep 19, 2001
Hearing heldDec 6, 2001
Decision dateDec 28, 2001

Cite For

Issues of Willful Falsification of Security Clearance Applications Under Guideline E
Impact of Multiple Criminal Convictions on Security Clearance Eligibility Under Guideline J
Consideration of Financial Obligations in the Context of Personal Conduct and Trustworthiness Under Guideline F

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	In answering questions 23.d.and 23.f. on his December 1998 Questionnaire for National Security Positions (QNSP), the Applicant knowingly and wilfully failed to disclose the June 1993 3rd Degree Assault charge to which he pled guilty.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	In a February 2000 interview with a Defense Security Service (DSS) Agent, the Applicant knowingly and wilfully failed to disclose that he had had an extra marital affair.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

In answering questions 23.d.and 23.f. on his December 1998 Questionnaire for National Security Positions (QNSP), the Applicant knowingly and wilfully failed to disclose the June 1993 3rd Degree Assault charge to which he pled guilty.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

In a February 2000 interview with a Defense Security Service (DSS) Agent, the Applicant knowingly and wilfully failed to disclose that he had had an extra marital affair.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	The Applicant testified credibly that he has paid off a $64.00 to Creditor 1 $64	For Applicant	Unspecified Financial	Admitted	—	(g) arrangements made with the tax authority; in compliance	—
3.b	The Applicant owes about $5,353.00 in past due indebtedness to Creditor 2 $5,353	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	Claimed Payment Plan with Creditor

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

The Applicant testified credibly that he has paid off a $64.00 to Creditor 1

$64

For Applicant

Unspecified Financial

Admitted

—

(g) arrangements made with the tax authority; in compliance

—

3.b

The Applicant owes about $5,353.00 in past due indebtedness to Creditor 2

$5,353

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

—

Claimed

Payment Plan with Creditor

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In June of 1993, the Applicant was arrested, and subsequently pled guilty to Assault 3rd Degree, a misdemeanor.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	In April of 1999, the Applicant was arrested a second time, and subsequently pled guilty to Disorderly Conduct, also a misdemeanor.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.c	In March of 2000, the Applicant was charged with Assault 3rd Degree and with Harassment, both misdemeanors. These charges were subsequently dismissed, as the alleged victim 'was subpoenaed and she didn't show up.'	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.d	The Applicant was also charged in November of 1999 with Driving Under the Influence of Alcohol.	Against Applicant	DUI or DWI Criminal	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.a	In answering questions 23.d.and 23.f. on his December 1998 Questionnaire for National Security Positions (QNSP), the Applicant knowingly and wilfully failed to disclose the June 1993 3rd Degree Assault charge to which he pled guilty.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	In a February 2000 interview with a Defense Security Service (DSS) Agent, the Applicant knowingly and wilfully failed to disclose that he had had an extra marital affair.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.a–3.b	2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In June of 1993, the Applicant was arrested, and subsequently pled guilty to Assault 3rd Degree, a misdemeanor.

Against Applicant

Assault or Battery

Convicted

Admitted

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

—

1.b

In April of 1999, the Applicant was arrested a second time, and subsequently pled guilty to Disorderly Conduct, also a misdemeanor.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

—

1.c

In March of 2000, the Applicant was charged with Assault 3rd Degree and with Harassment, both misdemeanors. These charges were subsequently dismissed, as the alleged victim 'was subpoenaed and she didn't show up.'

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

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

—

1.d

The Applicant was also charged in November of 1999 with Driving Under the Influence of Alcohol.

Against Applicant

DUI or DWI Criminal

Charged Not Convicted

Admitted

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

—

2.a

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

—

2.b

In a February 2000 interview with a Defense Security Service (DSS) Agent, the Applicant knowingly and wilfully failed to disclose that he had had an extra marital affair.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(b) evidence of criminal conduct, regardless of charge or conviction

—

3.a–3.b

2 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES