ISCR Case 01-23853.h1

Case Headnote

ISCR Case No. 01-23853.h1

deniedJun 9, 2003· Hon. Roger E. Willmeth· hearing

Summary

A 49-year-old aircraft mechanic was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The applicant had a history of seven alcohol-related criminal offenses spanning 16 years, including multiple DUIs and domestic assaults. Specific incidents included a 1974 conviction for stealing phenobarbital tablets, a 1984 reprimand for assaulting his first wife, and domestic assault arrests in 1997 and 2000 involving his wife and stepdaughter. He also had DUI arrests in 1992, 1998, and 1998, leading to convictions in 1999.

Additionally, the applicant failed to disclose all alcohol-related offenses and treatment on his April 29, 1999, security clearance application. Financial concerns included an unresolved $4,669 medical clinic claim from 1994 and a remaining $6,139 debt to a financing company from a 1998 loan.

Despite completing an alcohol rehabilitation program, the judge found insufficient evidence of successful rehabilitation for his extensive history of alcohol-related offenses and other disqualifying conduct. These factors collectively led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has a history of seven alcohol-related criminal offenses over a 16-year period.
The applicant failed to demonstrate clear evidence of successful rehabilitation despite completing an alcohol rehabilitation program.
The applicant's financial issues, including unresolved debts, contributed to the denial of his clearance.

Conditions Referenced

Disqualifying

J1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J2raisedA Single Serious Crime or Multiple Lesser Offenses
E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
F3raisedInability or Unwillingness to Satisfy Debts

Mitigating

G4rejectedFollowing Diagnosis of Alcohol Dependence, the Individual Has Successfully Completed Inpatient or Outpatient RehabilitationThe applicant's prognosis was only 'fair' and he did not regularly attend AA meetings.
J1rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant's history of offenses and insufficient evidence of ongoing sobriety did not meet the standard.

Key Rule Quoted

“Eligibility for access to classified information is predicated upon an individual meeting adjudicative guidelines discussed in Enclosure 2 of the Directive.”

Procedural Posture

SOR issuedSep 17, 2002
Answer filedOct 21, 2002Applicant requested a hearing.
Hearing heldJan 15, 2003
Decision dateJun 9, 2003

Cite For

Insufficient Mitigation of Alcohol-related Offenses Under Guideline G
Deliberate Omissions in Security Clearance Applications Under Guideline E
Financial Irresponsibility Impacting Security Clearance 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
3.a	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
3.b	Applicant did not disclose all of his alcohol related offenses, when he submitted a security clearance application on April 29, 1999.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official	—	—
3.c	When he submitted a security clearance application on April 29, 1999, Applicant did not disclose that he had received alcohol-related treatment or counseling.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official	—	—
3.d–3.e	2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

3.b

Applicant did not disclose all of his alcohol related offenses, when he submitted a security clearance application on April 29, 1999.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

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

—

3.c

When he submitted a security clearance application on April 29, 1999, Applicant did not disclose that he had received alcohol-related treatment or counseling.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Admitted

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

—

3.d–3.e

2 sub-charges — specific text not stated in this decision (1 against, 1 for the applicant).

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant has not resolved a medical clinic claim against him for $4669.00 that was incurred in 1994. $4,669	Against Applicant	Unspecified Financial	Admitted	(c) a history of not meeting financial obligations	—	—
4.b	He is also indebted to a financing company for the remaining $6139.00 balance on a loan that was incurred in 1998. $6,139	Against Applicant	Unspecified Financial	Admitted	(c) a history of not meeting financial obligations	—	—
4.c	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Applicant has not resolved a medical clinic claim against him for $4669.00 that was incurred in 1994.

$4,669

Against Applicant

Unspecified Financial

Admitted

(c) a history of not meeting financial obligations

—

4.b

He is also indebted to a financing company for the remaining $6139.00 balance on a loan that was incurred in 1998.

$6,139

Against Applicant

Unspecified Financial

Admitted

(c) a history of not meeting financial obligations

—

4.c

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
2.a	The applicant has a history of alcohol-related incidents, including multiple DUIs and domestic assaults.	For Applicant	DUI or DWI Alcohol	Admitted	(a) alcohol-related incident away from work (DUI, fighting, etc.)	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

2.a

The applicant has a history of alcohol-related incidents, including multiple DUIs and domestic assaults.

For Applicant

DUI or DWI Alcohol

Admitted

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was convicted of stealing 12 bottles of phenobarbital tablets from the Army Medical Company, while serving in the Army in October 1974.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In April 1984, Applicant was reprimanded for assaulting his first wife by pushing her to the ground, causing her to sustain a laceration requiring four stitches.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In August 1992, Applicant was arrested and charged for Driving Under the Influence (DUI) in his home state.	Against 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	—	—
1.d	In December 1997, Applicant was arrested and convicted of domestic assault for an incident involving both his wife and his adult stepdaughter.	For Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In November 2000, Applicant was again arrested for domestic assault after he punched his wife.	Against Applicant	Domestic Violence	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In August 1998, Applicant was arrested and subsequently convicted of DUI in January 1999.	Against 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	—	—
1.g	In October 1998, Applicant was again arrested and subsequently convicted of DUI in yet a third state.	Against 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	—	—
1.h	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was convicted of stealing 12 bottles of phenobarbital tablets from the Army Medical Company, while serving in the Army in October 1974.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.b

In April 1984, Applicant was reprimanded for assaulting his first wife by pushing her to the ground, causing her to sustain a laceration requiring four stitches.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

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

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

—

1.c

In August 1992, Applicant was arrested and charged for Driving Under the Influence (DUI) in his home state.

Against 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

—

1.d

In December 1997, Applicant was arrested and convicted of domestic assault for an incident involving both his wife and his adult stepdaughter.

For Applicant

Domestic Violence

Convicted

Admitted

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

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

—

1.e

In November 2000, Applicant was again arrested for domestic assault after he punched his wife.

Against Applicant

Domestic Violence

Convicted

Admitted

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

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

—

1.f

In August 1998, Applicant was arrested and subsequently convicted of DUI in January 1999.

Against 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

—

1.g

In October 1998, Applicant was again arrested and subsequently convicted of DUI in yet a third state.

Against 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

—

1.h

specific text not stated in this decision

Against Applicant

Unspecified Criminal Conduct

—

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