ISCR Case 01-18151.h1

Case Headnote

ISCR Case No. 01-18151.h1

deniedMay 8, 2002· Hon. Paul J. Mason· hearing

Summary

A 26-year-old graphics designer was denied a security clearance due to concerns under Guidelines A (Allegiance), D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The denial stemmed from a history of excessive alcohol consumption, a Driving While Intoxicated (DWI) arrest in January 1999, and the intentional falsification of his security clearance application.

Specifically, the applicant failed to disclose alcohol-related treatment or counseling on question 30 of his SF-86 form, answering "no" despite having received such treatment. Furthermore, he violated the abstinence condition of his probation by consuming alcohol eight to ten times during the probation period. These actions demonstrated poor judgment and a lack of candor.

The judge found that the applicant's ongoing denial of his falsification, coupled with his repeated violations of probation, significantly undermined his credibility and trustworthiness. The intentional falsification of the security form was considered criminal conduct under 18 USC 1001, leading to the ultimate denial of his security clearance.

Why the Applicant Was Denied

The applicant violated probation conditions by consuming alcohol eight to ten times despite a court order to abstain.
The applicant intentionally falsified his security form, which constituted criminal conduct under 18 USC 1001.
The applicant's ongoing denial of his falsification undermined his credibility and trustworthiness.

Conditions Referenced

Disqualifying

DC 1raisedAlcohol-related Incidents Away From Work
DC 5raisedA Pattern of Dishonesty or Rules Violations
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts

Mitigating

MC 1rejectedThe Alcohol-related Incidents Do Not Indicate a PatternThe applicant's alcohol-related incidents resumed during probation, indicating a pattern.
MC 2rejectedThe Problem Occurred a Number of Years Ago and There Is No Indication of a Recent ProblemThe applicant's violations occurred within the probation period, raising ongoing concerns.
MC 6rejectedThere Is Clear Evidence of RehabilitationThe applicant's refusal to admit to falsification undermines claims of rehabilitation.

Key Rule Quoted

“The granting (or continuance) of a security clearance under this Directive may only be done upon a finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedSep 27, 2001
Answer filedOct 22, 2001Timely received by DOHA.
Hearing heldFeb 8, 2002
Decision dateMay 8, 2002

Cite For

Issues of Alcohol Consumption and Probation Violations Under Guideline A
Intentional Falsification of Security Forms Under Guideline E
Impact of Ongoing Denial on Credibility and Trustworthiness Under Guideline J

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶4)	Mitigating applied (¶5)	Mitigation
1.a	The applicant has a history of alcohol involvement, including excessive drinking during college and a DWI arrest.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.b	The applicant violated the conditions of his probation by consuming alcohol on multiple occasions.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
1.c	The applicant's alcohol-related conduct demonstrates poor judgment and raises concerns about his reliability.	Against Applicant	Unspecified Allegiance Concern	Admitted	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
2.a	The applicant intentionally falsified his security clearance application by not disclosing his alcohol-related treatment.	Against Applicant	Unspecified Allegiance Concern	Denied	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
2.b	The applicant's omission of relevant information on his security form indicates a lack of candor.	Against Applicant	Unspecified Allegiance Concern	Denied	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—
3.a	The applicant's DWI arrest constitutes criminal conduct.	For Applicant	Unspecified Allegiance Concern	Admitted	—	—	—
3.b	The applicant's actions demonstrate a pattern of criminal conduct.	Against Applicant	Unspecified Allegiance Concern	Denied	(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States (b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts	—	—

Allegation

Finding

Type

Response

Disqualifying (¶4)

Mitigating applied (¶5)

Mitigation

1.a

The applicant has a history of alcohol involvement, including excessive drinking during college and a DWI arrest.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.b

The applicant violated the conditions of his probation by consuming alcohol on multiple occasions.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

1.c

The applicant's alcohol-related conduct demonstrates poor judgment and raises concerns about his reliability.

Against Applicant

Unspecified Allegiance Concern

Admitted

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

2.a

The applicant intentionally falsified his security clearance application by not disclosing his alcohol-related treatment.

Against Applicant

Unspecified Allegiance Concern

Denied

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

2.b

The applicant's omission of relevant information on his security form indicates a lack of candor.

Against Applicant

Unspecified Allegiance Concern

Denied

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

3.a

The applicant's DWI arrest constitutes criminal conduct.

For Applicant

Unspecified Allegiance Concern

Admitted

—

3.b

The applicant's actions demonstrate a pattern of criminal conduct.

Against Applicant

Unspecified Allegiance Concern

Denied

(a) involvement in, support of, training to commit, or advocacy of any act of sabotage, espionage, treason, terrorism, or sedition against the United States

(b) association or sympathy with persons who are attempting to commit, or who are committing, any of the above acts

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a–3.b	7 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a–3.b

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

Mixed

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant intentionally falsified his answer to question 30 of the SF-86 form by answering "no" to the question whether in the last seven years his use of alcoholic beverages resulted in any alcohol-related treatment or counseling.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant violated the abstinence condition of probation by consuming alcohol eight to ten times during the probation period.	Against Applicant	Rules Violation at Workplace	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally falsified his answer to question 30 of the SF-86 form by answering "no" to the question whether in the last seven years his use of alcoholic beverages resulted in any alcohol-related treatment or counseling.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

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

—

2.b

Applicant violated the abstinence condition of probation by consuming alcohol eight to ten times during the probation period.

Against Applicant

Rules Violation at Workplace

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The applicant was arrested for driving while under the influence (DWI) in January 1999.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.b	The applicant intentionally falsified his answer to question 30 of the SF-86 form.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	(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

3.a

The applicant was arrested for driving while under the influence (DWI) in January 1999.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

3.b

The applicant intentionally falsified his answer to question 30 of the SF-86 form.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

(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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES