ISCR Case 01-14701.h1

Case Headnote

ISCR Case No. 01-14701.h1

deniedAug 30, 2002· Hon. Darlene Lokey Anderson· hearing

Summary

A 34-year-old truck driver employed by a defense contractor was denied a Secret security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant sought to retain his clearance, but the judge ultimately found that deliberate falsifications on his security clearance applications regarding his arrest history and illegal drug use were unmitigated.

Specifically, the applicant failed to disclose multiple arrests on a National Agency Questionnaire (DD form 398-2) dated March 7, 1995, and a Security Clearance Application (Standard Form 86) dated June 30, 1999. These undisclosed arrests included incidents in January 1991 for Public Intoxication, Disturbing the Peace, and Resisting Arrest; in June 1991 for Public Intoxication; in January 1994 for Buy/Sell Articles with ID removed, Impact Wrench; and in February 1994 for Use/Under Influence of Controlled Substance. He also falsely answered "NO" to a question about other arrests in the last seven years.

While the applicant had several outstanding debts, including approximately $2,922.00 to one creditor, $122.00, $162.00, $135.00, and $397.00 to various hospitals, and a civil judgment of approximately $1,000.00, all these financial issues were resolved through a Chapter 7 Bankruptcy on November 29, 2000. Despite the mitigation of his financial concerns, the judge determined that the applicant's deliberate falsifications and lack of credible explanations for these omissions demonstrated insufficient trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant deliberately falsified material facts on two security clearance applications regarding his arrest history and illegal drug use.
The applicant's excuses for failing to disclose his arrest history and drug use were not credible or believable.
The applicant did not demonstrate sufficient trustworthiness to meet the eligibility requirements for access to classified information.

Conditions Referenced

Disqualifying

E2appliedPersonal Conduct
F1raisedFinancial Considerations

Mitigating

F6appliedFinancial Considerations

Key Rule Quoted

“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is an acceptable security risk.”

Procedural Posture

SOR issuedFeb 12, 2002
Answer filedMar 1, 2002
Hearing heldAug 2, 2002
Decision dateAug 30, 2002

Cite For

Deliberate Falsification of Security Clearance Applications Under Guideline E
Mitigation of Financial Issues Under Guideline F
Credibility of Applicant's Explanations Regarding Past Conduct

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	The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	The Applicant completed a National Agency Questionnaire (DD form 398-2) dated March 7, 1995. In response to question 18, which asked, "Have you ever been arrested, charged, cited, held, or detained by Federal, State, or other law enforcement or juvenile authorities regardless of whether the charge was dropped or dismissed or you were found guilty?" the Applicant listed his arrest in 1991 for Driving Under the Influence of Alcohol. He failed to disclose his arrest in January 1991, for Public Intoxication, Disturbing the Peace and Resisting Arrest; in June 1991 for Public Intoxication; in January 1994 for Buy/Sell Articles with ID removed, Impact Wrench; and in February 1994, for Use/Under Influence of Controlled Substance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	The Applicant completed a Security Clearance Application (Standard Form 86) dated June 30, 1999. In response to question 24, which asked, "Have you ever been charged with or convicted of any offenses related to alcohol or drugs?" the Applicant listed his arrest in 1991 for Driving Under the Influence. He failed to disclose his arrest in January 1991, for Public Intoxication, Disturbing the Peace and Resisting Arrest; in June 1991, for Public Intoxication; and in February 1994, for Use/Under Influence of Controlled Substance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.d	The same questionnaire, in question 26, asked, "In the last seven years, have you been arrested for, charged with, or convicted of any offenses(s) not listed in modules 21, 22, 23, 24 or 25." The Applicant answered "NO" to this question. This was a false response. The Applicant failed to list his arrest in January 1994 for Buy/Sell Articles with ID removed, Impact Wrench.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

The Applicant completed a National Agency Questionnaire (DD form 398-2) dated March 7, 1995. In response to question 18, which asked, "Have you ever been arrested, charged, cited, held, or detained by Federal, State, or other law enforcement or juvenile authorities regardless of whether the charge was dropped or dismissed or you were found guilty?" the Applicant listed his arrest in 1991 for Driving Under the Influence of Alcohol. He failed to disclose his arrest in January 1991, for Public Intoxication, Disturbing the Peace and Resisting Arrest; in June 1991 for Public Intoxication; in January 1994 for Buy/Sell Articles with ID removed, Impact Wrench; and in February 1994, for Use/Under Influence of Controlled Substance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.c

The Applicant completed a Security Clearance Application (Standard Form 86) dated June 30, 1999. In response to question 24, which asked, "Have you ever been charged with or convicted of any offenses related to alcohol or drugs?" the Applicant listed his arrest in 1991 for Driving Under the Influence. He failed to disclose his arrest in January 1991, for Public Intoxication, Disturbing the Peace and Resisting Arrest; in June 1991, for Public Intoxication; and in February 1994, for Use/Under Influence of Controlled Substance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.d

The same questionnaire, in question 26, asked, "In the last seven years, have you been arrested for, charged with, or convicted of any offenses(s) not listed in modules 21, 22, 23, 24 or 25." The Applicant answered "NO" to this question. This was a false response. The Applicant failed to list his arrest in January 1994 for Buy/Sell Articles with ID removed, Impact Wrench.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Government alleges that the Applicant was indebted to a creditor in the amount of approximately $2,922.00 for an account delinquent since August 26, 1999. The Applicant stated that he is uncertain as to the specific amount he owed to the creditor. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $2,922	For Applicant	Unspecified Financial	Unknown	—	—	—
1.b	The Applicant admits that he was indebted to a hospital in the amount of $122.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $122	For Applicant	Medical Debt	Admitted	—	—	—
1.c	The Applicant admits that he was indebted to a hospital in the amount of approximately $162.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $162	For Applicant	Medical Debt	Admitted	—	—	—
1.d	The Applicant admits that he was indebted to a hospital in the amount of approximately $135.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $135	For Applicant	Medical Debt	Admitted	—	—	—
1.e	The Applicant admits that he was indebted to a hospital in the amount of $397.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $397	For Applicant	Medical Debt	Admitted	—	—	—
1.f	The Government alleges that on October 13, 1993, a civil judgment was entered against the Applicant in the amount of approximately $1,000.00. The Applicant states that he has no knowledge of this judgment, but contends that it was discharged in his Chapter 7 Bankruptcy on November 29, 2000. $1,000	For Applicant	Judgment Against Applicant	Unknown	—	—	—
2.a–2.d	4 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The Government alleges that the Applicant was indebted to a creditor in the amount of approximately $2,922.00 for an account delinquent since August 26, 1999. The Applicant stated that he is uncertain as to the specific amount he owed to the creditor. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$2,922

For Applicant

Unspecified Financial

Unknown

—

1.b

The Applicant admits that he was indebted to a hospital in the amount of $122.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$122

For Applicant

Medical Debt

Admitted

—

1.c

The Applicant admits that he was indebted to a hospital in the amount of approximately $162.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$162

For Applicant

Medical Debt

Admitted

—

1.d

The Applicant admits that he was indebted to a hospital in the amount of approximately $135.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$135

For Applicant

Medical Debt

Admitted

—

1.e

The Applicant admits that he was indebted to a hospital in the amount of $397.00 for an account delinquent since August 26, 1999. However, the debt was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$397

For Applicant

Medical Debt

Admitted

—

1.f

The Government alleges that on October 13, 1993, a civil judgment was entered against the Applicant in the amount of approximately $1,000.00. The Applicant states that he has no knowledge of this judgment, but contends that it was discharged in his Chapter 7 Bankruptcy on November 29, 2000.

$1,000

For Applicant

Judgment Against Applicant

Unknown

—

2.a–2.d

4 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

—

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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