ISCR Case 01-16939.h1

Case Headnote

ISCR Case No. 01-16939.h1

deniedNov 13, 2003· Hon. Martin H. Mogul· hearing

Summary

A 54-year-old defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal activity and providing false information on his security clearance application. The judge determined that the applicant's conduct raised significant doubts about his judgment and trustworthiness.

The applicant's criminal history included a special court martial conviction on or about September 27, 1985, for being absent without leave, forgery, obtaining services under false pretenses, and attempting to obtain services. He was sentenced to a reduction in rate, forfeiture of $1,500.00 in pay, and three months of confinement, subsequently receiving a General Discharge. Additionally, he was reprimanded for violating Article 134 of the UCMJ for writing checks with insufficient funds on three separate occasions.

On his August 16, 1999, Security Clearance Application, the applicant failed to disclose his service in the United States Air Force from 1978 through December 1985, despite listing his Army service. He also falsely answered "No" to a question about receiving other than an honorable discharge, failing to disclose his General Discharge (Under Honorable Conditions). The denial was based on these convictions and the applicant's pattern of dishonesty and lack of candor on his application.

Why the Applicant Was Denied

The applicant was convicted by special court martial of being absent without leave, forgery, and obtaining services under false pretenses.
The applicant failed to disclose his military service and the nature of his discharge on his Security Clearance Application.
The applicant's conduct demonstrated a pattern of dishonesty and lack of candor.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
E2.A5.1.2.2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
E2.A5.1.2.5raisedA Pattern of Dishonesty or Rules Violations of Any Written or Recorded Agreement Made Between the Individual and the Agency

Key Rule Quoted

“"the clearly consistent standard indicates that security-clearance determinations should err, if they must, on the side of denials."”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedJun 3, 2002
Answer filedAug 26, 2002and October 15, 2002
Hearing held—Applicant requested decision on the written record.
Decision dateNov 13, 2003

Cite For

Denial Based on Criminal Conduct Under Guideline J
Denial Based on Personal Conduct Under Guideline E
Importance of Honesty in Security Clearance Applications

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	On the SCA, completed and signed by Applicant on August 16, 1999, Question 11 asks, "Have you ever served in the military? Applicant answered "Yes" and he listed his service in the army from 1973 to 1977. However, Applicant failed to disclose that he also served in the United States Air Force from 1978 through December 1985.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.b	Question 17 of Applicant's August 16, 1999 SCA, asks, "Have you ever received other than an honorable discharge from the military? Applicant answered "No." Applicant failed to disclose that he received a General Discharge (Under Honorable Conditions).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Employment History	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

On the SCA, completed and signed by Applicant on August 16, 1999, Question 11 asks, "Have you ever served in the military? Applicant answered "Yes" and he listed his service in the army from 1973 to 1977. However, Applicant failed to disclose that he also served in the United States Air Force from 1978 through December 1985.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

(b) deliberately providing false information to an investigator or official

—

2.b

Question 17 of Applicant's August 16, 1999 SCA, asks, "Have you ever received other than an honorable discharge from the military? Applicant answered "No." Applicant failed to disclose that he received a General Discharge (Under Honorable Conditions).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Employment History

Denied

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On or about September 27, 1985, you were convicted by special court martial of being absent without leave, forgery, obtaining services under false pretenses, and attempting to obtain services. You were sentenced to reduction in rate, forfeiture of $1,500.00 in pay and 3 month confinement. You were subsequently separated under the provision of AFR 39-10, receiving a General Discharge.	Against Applicant	Fraud or Deception Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	You were reprimanded for Violation of Article 134 of the UCMJ, because you wrote checks with Insufficient Funds on three separate occasions.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On or about September 27, 1985, you were convicted by special court martial of being absent without leave, forgery, obtaining services under false pretenses, and attempting to obtain services. You were sentenced to reduction in rate, forfeiture of $1,500.00 in pay and 3 month confinement. You were subsequently separated under the provision of AFR 39-10, receiving a General Discharge.

Against Applicant

Fraud or Deception Criminal

Convicted

Admitted

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

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

—

1.b

You were reprimanded for Violation of Article 134 of the UCMJ, because you wrote checks with Insufficient Funds on three separate occasions.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

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

—

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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