ISCR Case 01-05918.h1

Case Headnote

ISCR Case No. 01-05918.h1

deniedMar 19, 2002· Hon. Barry M. Sax· hearing

Summary

A 37-year-old engineer employed by a defense contractor was denied a security clearance due to a history of criminal conduct, excessive alcohol consumption, drug use, financial issues, and personal conduct violations. The denial was based on Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), H (Drug Involvement), and J (Criminal Conduct). The judge found substantial evidence of poor judgment and unreliability, noting that the misconduct was recent and not isolated, with no applicable mitigating factors.

Specific concerns included multiple arrests and convictions, such as driving under the influence in 1989, 1990, and 1997, and a 1995 arrest for disorderly conduct and soliciting a prostitute. The applicant also engaged in excessive alcohol consumption from 1986/1987 to October 1999 and used marijuana from 1986/1987 until at least January 2000. Furthermore, the applicant falsified material facts on an April 16, 1999 security clearance application (SF 86) and in subsequent sworn statements to the Defense Security Service by misrepresenting his criminal record and the extent of his drug use.

Financial issues also contributed to the denial, with the applicant owing approximately $15,088 to Bank A, $1,803 to Bank B, $5,450 in child support to County C, $3,519 to Company D, and $33 to Utility Company E, with several debts remaining unsatisfied as of late 1999 or 2001. Additionally, the applicant's wages were garnished for family support. The judge concluded that the applicant's pattern of misconduct, including criminal acts, substance abuse, financial irresponsibility, and falsification, demonstrated a lack of judgment and reliability, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant had multiple arrests and convictions for criminal conduct, including DUI and solicitation.
The applicant demonstrated a pattern of excessive alcohol consumption and drug use, with no evidence of rehabilitation.
The applicant had significant unresolved financial debts exceeding $30,000, indicating a lack of responsibility.

Conditions Referenced

Disqualifying

J1raisedCriminal Conduct
G5raisedAlcohol Consumption
H1raisedDrug Involvement
F1raisedFinancial Considerations
E2raisedPersonal Conduct

Key Rule Quoted

“The number and diversity of the allegations, all of which are supported by substantial evidence, makes a strong case for the Government that Applicant has demonstrated poor judgment, unreliability, and untrustworthiness over a considerable period of time and in a variety of ways.”

Procedural Posture

SOR issuedOct 5, 2001
Answer filedOct 31, 2001Applicant elected for a decision based on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateMar 19, 2002

Cite For

Pattern of Criminal Conduct Under Guideline J
Excessive Alcohol Consumption as a Disqualifying Factor Under Guideline G
Failure to Resolve Financial Obligations 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
5.a	Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: Question "24 - Your Police Record - Alcohol/Drug Offenses." He knew he had been charged with other offenses, specifically those cited in SOR 1.c. and 1.d., above (GX 3, 4, 5, 6, 7).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
5.b	Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: "Question 26 - Your Police Record - Other Offenses." He knew he had been charged with the offense cited in SOR 1.b., above (GX 3, 4, 5, 6, 7).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
5.c	Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: "Question 27 - Your Use of Illegal Drugs and Drug Activity." He answered: "Yes" and cited limited marijuana use in 1992, when he knew he had used marijuana more extensively and until at least April 1999 (the date of the SF 86) (GX 3, 4, 5, 6, 7). In fact, he continued using marijuana until January 2000 (GX 2).	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
5.d	Applicant falsified material facts in his September 25, 1999 Sworn Statement to DSS, by minimizing the extent of his marijuana use (GX 3, 5, 7).	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
5.e	Applicant falsified material facts in his November 2, 1999 Sworn Statement to DSS, by minimizing the extent of his marijuana use (GX 3, 6, 7).	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

5.a

Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: Question "24 - Your Police Record - Alcohol/Drug Offenses." He knew he had been charged with other offenses, specifically those cited in SOR 1.c. and 1.d., above (GX 3, 4, 5, 6, 7).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

5.b

Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: "Question 26 - Your Police Record - Other Offenses." He knew he had been charged with the offense cited in SOR 1.b., above (GX 3, 4, 5, 6, 7).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

5.c

Applicant falsified material facts on a security clearance application (SF 86) dated April 16, 1999, when he answered "No" to: "Question 27 - Your Use of Illegal Drugs and Drug Activity." He answered: "Yes" and cited limited marijuana use in 1992, when he knew he had used marijuana more extensively and until at least April 1999 (the date of the SF 86) (GX 3, 4, 5, 6, 7). In fact, he continued using marijuana until January 2000 (GX 2).

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

5.d

Applicant falsified material facts in his September 25, 1999 Sworn Statement to DSS, by minimizing the extent of his marijuana use (GX 3, 5, 7).

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

5.e

Applicant falsified material facts in his November 2, 1999 Sworn Statement to DSS, by minimizing the extent of his marijuana use (GX 3, 6, 7).

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant is indebted to Bank A in the amount of approximately $15,088.00 for a bad debt delinquent since about March 1999. As of October 25, 1999, this debt had not been satisfied $15,088	Against Applicant	Unspecified Financial	Unknown	—	—	—
4.b	Applicant is indebted to Bank B in the amount of approximately $1,803.00 for an account delinquent since about April 1999. As of October 25, 1999, this debt had not been satisfied $1,803	Against Applicant	Unspecified Financial	Unknown	—	—	—
4.c	Applicant is indebted to County C in the amount of approximately $5,450.00 for a child support account approximately 120 days delinquent as of May 1999. As of October 31, 2001, the date of his answer to the SOR, this debt has still not been satisfied $5,450	Against Applicant	Child Support Debt	Unknown	—	—	—
4.d	Applicant is indebted to Company D in the amount of approximately $3,519.00 for a bad debt delinquent since about April 19, 1999. As of October 25, 1999, this debt had not been satisfied $3,519	Against Applicant	Unspecified Financial	Unknown	—	—	—
4.e	Applicant is indebted to Utility Company E in the amount of approximately $33.00 for a bad debt delinquent since about March 1997. As of October 25, 1999, this debt had not been satisfied $33	Against Applicant	Utility or Phone Debt	Unknown	—	—	—
4.f	Applicant's wages were garnished in the amounts of approximately $403.00 and $490.00 in favor of a county Bureau of Family Support $893	Against Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Applicant is indebted to Bank A in the amount of approximately $15,088.00 for a bad debt delinquent since about March 1999. As of October 25, 1999, this debt had not been satisfied

$15,088

Against Applicant

Unspecified Financial

Unknown

—

4.b

Applicant is indebted to Bank B in the amount of approximately $1,803.00 for an account delinquent since about April 1999. As of October 25, 1999, this debt had not been satisfied

$1,803

Against Applicant

Unspecified Financial

Unknown

—

4.c

Applicant is indebted to County C in the amount of approximately $5,450.00 for a child support account approximately 120 days delinquent as of May 1999. As of October 31, 2001, the date of his answer to the SOR, this debt has still not been satisfied

$5,450

Against Applicant

Child Support Debt

Unknown

—

4.d

Applicant is indebted to Company D in the amount of approximately $3,519.00 for a bad debt delinquent since about April 19, 1999. As of October 25, 1999, this debt had not been satisfied

$3,519

Against Applicant

Unspecified Financial

Unknown

—

4.e

Applicant is indebted to Utility Company E in the amount of approximately $33.00 for a bad debt delinquent since about March 1997. As of October 25, 1999, this debt had not been satisfied

$33

Against Applicant

Utility or Phone Debt

Unknown

—

4.f

Applicant's wages were garnished in the amounts of approximately $403.00 and $490.00 in favor of a county Bureau of Family Support

$893

Against Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1986/1987 to October 1999	Against Applicant	Binge or Intoxication Pattern	Admitted	—	—	—
2.b	the alcohol use related to the arrests cited in SOR 1.a., 1.c., and 1.d., above.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
2.c	Applicant continued to use alcohol after he became aware of the present investigative/adjudicative process	Against Applicant	Continued Use After Treatment	Denied	—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

Applicant consumed alcohol, at times to excess and to the point of intoxication, from about 1986/1987 to October 1999

Against Applicant

Binge or Intoxication Pattern

Admitted

—

2.b

the alcohol use related to the arrests cited in SOR 1.a., 1.c., and 1.d., above.

Against Applicant

DUI or DWI Alcohol

Denied

—

2.c

Applicant continued to use alcohol after he became aware of the present investigative/adjudicative process

Against Applicant

Continued Use After Treatment

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	Applicant used marijuana, at times three times a week, from approximately 1986 - 1987 to at least January 23, 2000	Against Applicant	Marijuana	Regular	Admitted	—	—	—
3.b	Applicant was arrested in August 1989 for possession of a controlled substance, as cited in SOR 1.d., above	Against Applicant	Drug Possession with Intent	Not Applicable	Admitted	—	—	—
3.c	Applicant continued to use marijuana through at least January 2000. There is no evidence that he has used marijuana or any other illegal drug since that date and, specifically, there is no evidence that he is using or is addicted to marijuana or any other illegal drug at the present time	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	—	—
3.d	10 USC 986 is not applicable under the facts of this case and Applicant is not subject to disqualification solely on the basis of 10 USC 986	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

Applicant used marijuana, at times three times a week, from approximately 1986 - 1987 to at least January 23, 2000

Against Applicant

Marijuana

Regular

Admitted

—

3.b

Applicant was arrested in August 1989 for possession of a controlled substance, as cited in SOR 1.d., above

Against Applicant

Drug Possession with Intent

Not Applicable

Admitted

—

3.c

Applicant continued to use marijuana through at least January 2000. There is no evidence that he has used marijuana or any other illegal drug since that date and, specifically, there is no evidence that he is using or is addicted to marijuana or any other illegal drug at the present time

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

3.d

10 USC 986 is not applicable under the facts of this case and Applicant is not subject to disqualification solely on the basis of 10 USC 986

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested on May 24, 1997, and charged with (1) Driving under the influence of alcohol/drugs (DUI); (2) Driving under the influence of .08% alcohol; (3) Driving with a suspended license. On July 25, 1997, Applicant pleaded nolo contendre and was found guilty of reckless driving. The above three counts were dismissed. He was fined $1,238.00 and placed on three years probation.	Against Applicant	DUI or DWI Criminal	Convicted	Unknown	—	—	—
1.b	Applicant was arrested on April 25, 1995, and charged with disorderly conduct, soliciting a prostitute. He was sentenced to five days in jail and three years probation.	Against Applicant	Unspecified Criminal Conduct	Convicted	Unknown	—	—	—
1.c	Applicant was arrested on November 3, 1990, and charged with (1) DUI, and (2) DUI of .08% alcohol or more. On December 4, 1990, he was sentenced to 48 hours in jail, fined $1,004.00, ordered to participate in a 18-month program of treatment or counseling, and placed on summary probation for 3 years.	Against Applicant	DUI or DWI Criminal	Convicted	Unknown	—	—	—
1.d	Applicant was arrested on August 5, 1989, and charged with (1) use of a controlled substance, and (2) driving under the influence of alcohol/drugs. He pleaded guilty to driving under the influence and was fined $1,200.00, and ordered to participate in an alcoholic awareness program.	Against Applicant	DUI or DWI Criminal	Convicted	Unknown	—	—	—
1.e	Applicant knowingly falsified material facts on an April 16, 1999 security clearance application (SCA), and in sworn statements to the Defense Security Service (DSS) on September 25, 1999, and November 25, 1999.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested on May 24, 1997, and charged with (1) Driving under the influence of alcohol/drugs (DUI); (2) Driving under the influence of .08% alcohol; (3) Driving with a suspended license. On July 25, 1997, Applicant pleaded nolo contendre and was found guilty of reckless driving. The above three counts were dismissed. He was fined $1,238.00 and placed on three years probation.

Against Applicant

DUI or DWI Criminal

Convicted

Unknown

—

1.b

Applicant was arrested on April 25, 1995, and charged with disorderly conduct, soliciting a prostitute. He was sentenced to five days in jail and three years probation.

Against Applicant

Unspecified Criminal Conduct

Convicted

Unknown

—

1.c

Applicant was arrested on November 3, 1990, and charged with (1) DUI, and (2) DUI of .08% alcohol or more. On December 4, 1990, he was sentenced to 48 hours in jail, fined $1,004.00, ordered to participate in a 18-month program of treatment or counseling, and placed on summary probation for 3 years.

Against Applicant

DUI or DWI Criminal

Convicted

Unknown

—

1.d

Applicant was arrested on August 5, 1989, and charged with (1) use of a controlled substance, and (2) driving under the influence of alcohol/drugs. He pleaded guilty to driving under the influence and was fined $1,200.00, and ordered to participate in an alcoholic awareness program.

Against Applicant

DUI or DWI Criminal

Convicted

Unknown

—

1.e

Applicant knowingly falsified material facts on an April 16, 1999 security clearance application (SCA), and in sworn statements to the Defense Security Service (DSS) on September 25, 1999, and November 25, 1999.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Unknown

—

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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