ISCR Case 01-25847.h1

Case Headnote

ISCR Case No. 01-25847.h1

deniedApr 25, 2003· Hon. John Grattan Metz, Jr.· hearing

Summary

A 48-year-old retired Army E-8 and defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from multiple falsifications on his Security Clearance Application (SF 86) and a history of domestic violence arrests.

Specifically, the applicant failed to disclose a residence from 1996 where he was arrested on domestic violence charges in April and May of that year. He also misrepresented his employment history, claiming unemployment between November 1993 and June 1996 when he was employed by two different employers. Furthermore, he falsely answered "no" to questions regarding felony charges, despite being charged with felony criminal mischief and intimidation of a witness or victim in May 1996. He also denied other arrests, charges, or convictions, despite being charged with misdemeanor prohibited use of a weapon and harassment/stalking.

His criminal history included an April 1996 arrest for possession of a firearm while intoxicated, for which he pleaded guilty and was fined. In May 1996, he was charged with harassment/stalking, criminal mischief, and intimidation of a witness/victim, though these charges were later dismissed. Despite the remoteness of these incidents, the judge found the applicant's lack of candor on his application to be a significant concern, leading to the denial of his clearance. His explanations for the falsifications were deemed uncorroborated and not credible.

Why the Applicant Was Denied

The applicant falsified his security clearance application by omitting significant criminal history and providing misleading information about his employment and marital status.
The applicant's explanations for the falsifications were deemed uncorroborated and not credible, undermining his reliability and trustworthiness.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct

Mitigating

E2.A10.1.3.1appliedThe Criminal Behavior Was Not Recent
E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe incidents were not isolated as they occurred during a distinct period of time.
E2.A10.1.3.3rejectedFactors Leading to the Violation Are Not Likely to RecurWhile there has been no recurrence, the applicant's history raises ongoing concerns.

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 the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedAug 26, 2002
Answer filedNov 19, 2002
Hearing heldMar 25, 2003Record closed on this date.
Decision dateApr 25, 2003

Cite For

Falsification of Security Clearance Applications Under Guideline E
Impact of Criminal History on Security Clearance Under Guideline J
Credibility Issues Arising From Conflicting Statements in Security Clearance Cases

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	Applicant falsified his Security Clearance Application (SCA)(SF 86) when he failed to disclose pertinent information required to perform his background investigation, including his recent criminal record.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	In response to question 4, he disclosed two addresses since 1995, but failed to disclose a residence where he lived for a year in approximately 1996--an address with security significance because that's where he lived when he was arrested on domestic violation charges in April and May 1996.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	In response to question 6, he claimed to have been unemployed between November 1993 and June 1996, when in fact he had been employed by two different employers.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	—	—	—
2.d	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—
2.e	In response to question 21, he responded 'no' to whether he had ever been charged with or convicted of any felony offense, despite being charged with felony criminal mischief and intimidation of a witness or victim in May 1996.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.f	He also responded 'no' to question 22, regarding whether he had been arrested for, charged with, or convicted of any offense(s) not listed, despite being charged with misdemeanor prohibited use of a weapon and harassment/stalking.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant falsified his Security Clearance Application (SCA)(SF 86) when he failed to disclose pertinent information required to perform his background investigation, including his recent criminal record.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

In response to question 4, he disclosed two addresses since 1995, but failed to disclose a residence where he lived for a year in approximately 1996--an address with security significance because that's where he lived when he was arrested on domestic violation charges in April and May 1996.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

2.c

In response to question 6, he claimed to have been unemployed between November 1993 and June 1996, when in fact he had been employed by two different employers.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

—

2.d

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

2.e

In response to question 21, he responded 'no' to whether he had ever been charged with or convicted of any felony offense, despite being charged with felony criminal mischief and intimidation of a witness or victim in May 1996.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.f

He also responded 'no' to question 22, regarding whether he had been arrested for, charged with, or convicted of any offense(s) not listed, despite being charged with misdemeanor prohibited use of a weapon and harassment/stalking.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested in April 1996 and charged with possession of a firearm while intoxicated. He later pleaded guilty and was fined.	For Applicant	Domestic Violence	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
1.b	In May 1996, he was charged with harassment/stalking, criminal mischief, and intimidation of a witness/victim. The charges were later dismissed when the complainant withdrew the charges.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested in April 1996 and charged with possession of a firearm while intoxicated. He later pleaded guilty and was fined.

For Applicant

Domestic Violence

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

1.b

In May 1996, he was charged with harassment/stalking, criminal mischief, and intimidation of a witness/victim. The charges were later dismissed when the complainant withdrew the charges.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

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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