ISCR Case 02-00458.h1

Case Headnote

ISCR Case No. 02-00458.h1

deniedNov 14, 2003· Hon. Henry Lazzaro· hearing

Summary

A 34-year-old defense contractor employee was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct, including multiple DUI convictions and a conviction for possession of controlled substances. Additionally, the applicant failed to disclose this criminal history, a history of drug abuse, and numerous delinquent financial accounts on his October 28, 1999, SF 86 application.

The applicant also provided false answers on the SF 86 regarding consultation with a mental health professional and his financial delinquencies. While some mitigating conditions were considered, the judge found that the applicant could not overcome the security concerns.

The primary reasons for denial were the applicant's convictions for DUIs and controlled substance possession, and the knowing provision of false information on the SF 86. Crucially, a statutory disqualification under 10 U.S.C. § 986 prevented the mitigation of concerns related to the applicant's criminal conduct, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant was convicted of multiple DUIs and possession of controlled substances, which raised significant security concerns.
The applicant knowingly provided false information on his SF 86 regarding his criminal history and financial delinquencies.
The statutory disqualification under 10 U.S.C. § 986 prevented the applicant from mitigating the concerns related to his criminal conduct.

Conditions Referenced

Disqualifying

DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 3raisedConviction in a Federal or State Court, Including a Court-martial of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year

Mitigating

MC 1appliedThe Criminal Behavior Was Not Recent
MC 4appliedThe Person Did Not Voluntarily Commit the Act And/or the Factors Leading to the Violation Are Not Likely to Recur
MC 6appliedThere Is Clear Evidence of Successful Rehabilitation

Key Rule Quoted

“No one has a right to a security clearance and "the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials."”
— Egan, 484 U.S. at 528, 531.

Procedural Posture

SOR issuedMay 28, 2003
Answer filedJul 8, 2003
Hearing heldOct 15, 2003
Decision dateNov 14, 2003

Cite For

Disqualifying Conditions Under Guideline J for Criminal Conduct
Failure to Disclose Criminal History and Financial Issues Under Guideline E
Impact of Statutory Disqualification Under 10 U.S.C. § 986 on Security Clearance Eligibility.

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
1.a	The applicant failed to disclose his criminal history, including two DUI convictions and a conviction for possession of controlled substances, in his Security Clearance Application (SF 86) submitted on October 28, 1999.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	The applicant failed to disclose his history of drug abuse in the SF 86 submitted on October 28, 1999.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	The applicant failed to disclose numerous delinquent financial accounts in the SF 86 submitted on October 28, 1999.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	The applicant provided a false answer to question 19 in the SF 86, claiming he had not consulted a mental health professional when he had.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Mental Health	Admitted	—	—	—
1.e	The applicant provided a false answer to question 38 in the SF 86 regarding his financial delinquencies.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

The applicant failed to disclose his criminal history, including two DUI convictions and a conviction for possession of controlled substances, in his Security Clearance Application (SF 86) submitted on October 28, 1999.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.b

The applicant failed to disclose his history of drug abuse in the SF 86 submitted on October 28, 1999.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.c

The applicant failed to disclose numerous delinquent financial accounts in the SF 86 submitted on October 28, 1999.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.d

The applicant provided a false answer to question 19 in the SF 86, claiming he had not consulted a mental health professional when he had.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Mental Health

Admitted

—

1.e

The applicant provided a false answer to question 38 in the SF 86 regarding his financial delinquencies.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a–1.c	3 sub-charges — specific text not stated in this decision (1 against, 2 for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a–1.c

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

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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES