ISCR Case 01-14687.h1

Case Headnote

ISCR Case No. 01-14687.h1

deniedJul 22, 2003· Hon. Elizabeth M. Matchinski· hearing

Summary

A 51-year-old defense contractor tester was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), and Guideline J (Criminal Conduct). The denial stemmed from a history of alcohol abuse, including multiple DUI offenses, and a failure to disclose significant criminal conduct related to unlicensed ticket resale.

Specifically, the applicant's Statement of Reasons cited a history of alcohol-related incidents, including multiple drunk driving offenses, and allegations of criminal conduct, regardless of formal charges, encompassing a single serious crime or multiple lesser offenses. Furthermore, the applicant was alleged to have deliberately omitted, concealed, or falsified relevant facts on personnel security questionnaires and provided false or misleading information to officials.

Despite maintaining abstinence from alcohol since January 2001, the applicant's lack of candor regarding his criminal history and repeated violations of the law were central to the denial. The decision highlighted that his alcohol abuse history raised doubts about his judgment and reliability, and his failure to disclose offenses and disregard for the law ultimately led to the unfavorable outcome.

Why the Applicant Was Denied

The applicant's history of alcohol abuse raised significant doubts about his judgment and reliability.
He failed to disclose multiple DUI offenses and unlicensed ticket resale incidents on his security clearance application.
The applicant's lack of candor during interviews and his continued disregard for the law contributed to the denial.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information
E2.A7.1.2.1raisedAlcohol-related Incidents Away From Work
E2.A7.1.2.araisedAllegations or Admission of Criminal Conduct
E2.A7.1.2.braisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A7.1.3.3appliedPositive Changes in Behavior Supportive of Sobriety

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedOct 3, 2002
Answer filedOct 17, 2002Requested decision based on written record.
Hearing held—No hearing; decision based on written record.
Decision dateJul 22, 2003

Cite For

Issues of Candor and Disclosure in Security Clearance Applications
Impact of Alcohol-related Offenses on Security Clearance Eligibility
Reliability of Applicant's Judgment in Light of Criminal Conduct History

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
3.a	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.c	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.d	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	For Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.e	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	For Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.f	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.b

Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Denied

—

3.c

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.d

For Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.e

For Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.f

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.b	The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.c	The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.d	The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—
1.e	The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	(c) participating in counseling/treatment with satisfactory progress, no prior relapse	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.b

The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.c

The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.d

The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

1.e

The applicant has a history of alcohol-related incidents, including multiple drunk driving offenses.

For Applicant

DUI or DWI Alcohol

Admitted

(a) alcohol-related incident away from work (DUI, fighting, etc.)

(c) participating in counseling/treatment with satisfactory progress, no prior relapse

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Allegations or admission of criminal conduct, regardless of whether the person was formally charged	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	A single serious crime or multiple lesser offenses	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.c–2.d	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

2.a

Allegations or admission of criminal conduct, regardless of whether the person was formally charged

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Denied

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

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

—

2.b

A single serious crime or multiple lesser offenses

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Denied

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

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

—

2.c–2.d

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES